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Significance of separation of powers
Separation of powers
Significance of separation of powers
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The United States is a country that ever since it was found represented freedom for so many people. Thomas Jefferson wrote the Declaration of Independence and promised everyone life, liberty and the pursuit of happiness. The framers of the constitution wanted to create a strong Union where people were free, there was equality and most importantly there was order in this new Union that was being created. In this paper I will cover how the framers achieved those goals by using Federalist number 10, 51, 78, 15 and 39. The framers used a system of checks and balances in order to control all branches of the government to keep chaos from occurring. The framers also divided the government into different branches so the government could be controlled. “It is equally evident that the members of each department should be as little dependent as possible of others, for the emoluments annexed to their offices” (Madison 497). Liberty is one of the most important parts of the Constitution it is what everyone aims for. everyone craves freedom however that comes with a price. Due to the fact that we have and want liberty faction then rises. Factions are groups of people that believe in the same ideas and share the same beliefs, and there cant be liberty without faction. “Liberty is to Faction, what air is to fire, an aliment without which it instantly expires” (Madison 463). Madison discuses that as long as people will have freedom factions are bound to happen. However even though you can't destroy faction you can control it. Madison suggests that in order for the rights of the people to be protected we can protect ourselves from faction with legislation. “The regulation of these various and interfering interests forms the principal ta... ... middle of paper ... ...ist 10." Trans. Array Classics Of American Political & Constitutional Thought. Indianapolis, IN: Hackett Publishing Company, Inc., 2007. 463-466. Print. • James, Madison. "Federalist 51." Trans. Array Classics Of American Political & Constitutional Thought. Indianapolis, IN: Hackett Publishing Company, Inc., 2007. 496-499. Print. • Alexander, Hamilton. "Federalist 78." Trans. Array Classics Of American Political & Constitutional Thought. Indianapolis, IN: Hackett Publishing Company, Inc., 2007. 518-521. Print. • James, Madison. "Federalist 39." Trans. Array Classics Of American Political & Constitutional Thought. Indianapolis, IN: Hackett Publishing Company, Inc., 2007. 487-489. Print. • Alexander, Hamilton. "Federalist 15." Trans. Array Classics Of American Political & Constitutional Thought. Indianapolis, IN: Hackett Publishing Company, Inc., 2007. 471-474. Print.
Within the pages of One United People: The Federalist Papers and the National Idea, author Ed Millican dissects not only The Federalist piece by piece, but scrutinizes numerous works of other authors in regards to the papers written by Alexander Hamilton, James Madison, and John Jay. As a result, a strong conclusion asserts that the motives of The Federalist was to create a sturdy nation-state but above all, that American polity is far more complex than pluralism and a free-market economy.
Publius. "The Federalist No. 10." The Constitutional Society. October 21, 2013. Accessed February 24, 2014. http://www.constitution.org/fed/federa10.html.
Federalist no. 78 is persistent in its sort of justifications of the Constitutions vagueness. The letter claims that the judiciary branch is of the least danger of t...
In 1789, the Confederation of the United States, faced with the very real threat of dissolution, found a renewed future with the ratification of the Constitution of the United States. This document created a structure upon which the citizens could build a future free of the unwanted pitfalls and hazards of tyrannies, dictatorship, or monarchies, while securing the best possible prospects for a good life. However, before the establishment of the new United States government, there was a period of dissent over the need for a strong centralized government. Furthermore, there was some belief that the new constitution failed to provide adequate protection for small businessmen and farmers and even less clear protection for fundamental human rights.
During and after the turmoil of the American Revolution, the people of America, both the rich and the poor, the powerful and the meek, strove to create a new system of government that would guide them during their unsure beginning. This first structure was called the Articles of Confederation, but it was ineffective, restricted, and weak. It was decided to create a new structure to guide the country. However, before a new constitution could be agreed upon, many aspects of life in America would have to be considered. The foremost apprehensions many Americans had concerning this new federal system included fear of the government limiting or endangering their inalienable rights, concern that the government’s power would be unbalanced, both within
Jefferson, Thomas. "The Declaration of Independence." The McGraw-Hill Reader: Issues Across the Disciplines. 8th edition, Ed. Gilbert H. Muller. New York: McGraw Hill, 2003. 305-308.
...e protection of individual liberties as well as the expression of self interest were of the highest importance when creating the Constitution and a new system of government. The idea of separation of powers along with checks and balances, coupled with an encouraged environment of expression eventually led to the ratification of the Constitution with a Bill of Rights in 1791 and the birth of dual federalism.
Shea, Marilyn. "John Adams -- A Defence of the Constitutions of Government." Reading Revolutions. N.p., n.d. Web. 24 Apr. 2014.
MARTIN KELLY, Overview of United States Government and Politics Foundation and Principles, 2011, retrieved February 21st 2011 from http://americanhistory.about.com/od/governmentandpolitics/a/amgovoverview.htm
He addressed as one objective of the Union that was to become the United States “break[ing] and control[ing] the violence of faction”. Madison acknowledges prior failed attempts at establishing popular government, but he asserts that the American Constitution is one of stronger rhetoric that improves upon inherent flaws, such as “the instability, injustice, and confusion introduced into the public councils”. The new Constitution, Madison claims, is well equipped to reduce the malignant effects of faction. The method of representation that the Constitution details prevents “the public good [being] disregarded in the conflicts of rival parties”, with fortune favoring the “the superior force of an interested and overbearing majority”. It is necessary to note that Madison refrains from mentioning specific individuals and events throughout the essay; doing so reinforces the concept of republican democracy in that each individual, and not specific men, possesses the ability to influence public policy. Madison furthermore defines a faction to demonstrate his understanding, and that of the public’s, in the presence of a disease others deem detrimental to the preservation of the general public’s rights and interests. Madison does not present a distinct, succinct thesis in Federalist No. 10, though a statement resembling a thesis follows the definition of a faction. Madison states, “There are two methods of curing the
Cutler, Llyod N. "If it aint broke keep your amendments off my constitution." Washington Monthly, 1 Sept. 1997. Bigchalk Library. Proquest. Centreville Hs Lib.; Clifton, Va. 12 May. 2005 www.library.bigchalk.com.
...he other hand, Madison discusses the topic of liberty in that it is what fuels factions. He says that removing liberty is one of the only ways to destroy a faction. He proceeds to state that this is not probable, and that factions can not be destroyed, but we must control their consequences in order to have a stable government. Madison believes that the Constitution preserves man's liberty by fairly representing them in a central government.
Following the failure of the Articles of Confederation, a debate arose discussing how a centralized government ought to be organized. The prevailing opinion ultimately belonged to the Federalists, whose philosophy was famously outlined in The Federalist Papers. Recognizing that in a free nation, man would naturally divide himself into factions, they chose not to remedy this problem by stopping it at its source; instead, they would limit its effects by placing strict structural safeguards within the government's framework. The Federalists defined a facti...
The United States of America is one of the most powerful nation-states in the world today. The framers of the American Constitution spent a great deal of time and effort into making sure this power wasn’t too centralized in one aspect of the government. They created three branches of government to help maintain a checks and balance system. In this paper I will discuss these three branches, the legislative, the executive, and the judicial, for both the state and federal level.
James Madison, The Federalist No. 45. Alleged Danger From the Powers of the Union to the State Governments Considered. Independent Journal Saturday, January 26, 1788