Thursday, October 1, 2015

The Federalist No. 51


Assignment # 3

 

The Federalist No. 51

The Structure of the Government Must Furnish the Proper Checks and Balances between the Different Departments

Independent Journal
Wednesday, February 6, 1788
[James Madison]

 

“But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit. It may even be necessary to guard against dangerous encroachments by still further precautions. As the weight of the legislative authority requires that it should be thus divided, the weakness of the executive may require, on the other hand, that it should be fortified. An absolute negative on the legislature appears, at first view, to be the natural defense with which the executive magistrate should be armed. But perhaps it would be neither altogether safe nor alone sufficient. On ordinary occasions it might not be exerted with the requisite firmness, and on extraordinary occasions it might be perfidiously abused. May not this defect of an absolute negative be supplied by some qualified connection between this weaker department and the weaker branch of the stronger department, by which the latter may be led to support the constitutional rights of the former, without being too much detached from the rights of its own department?”

 

This passage explain how power could not be divided absolutely equally due to the fact that the republican government tended to have the majority of power. Therefore, in order to have a functioning government with power equally they split the legislative branches into two different branches due to it being the strongest. This also provided a different means of elections within each branch. Splitting the branches in two gave members very little power in electing other possible members. It give citizens the power in electing members to each board instead with very little connection between each other meaning each department becomes independent rather than dependent on each other. This paper I believe goes hand in hand with the constitution and protecting liberty by making a stronger government.

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