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Federalism in the constitution essay
Federalism in the constitution essay
An essay on james madison federalist 51
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James Madison begins his famous federalist paper by explaining that the purpose of this essay is to help the readers understand how the structure of the proposed government makes liberty possible. Each branch should be, for the most part, in Madison's opinion, independent. To assure such independence, no one branch should have too much power in selecting members of the other two branches. If this principle were strictly followed, it would mean that the citizens should select the president, the legislators, and the judges. But, the framers recognized certain practical difficulties in making every office elective. In particular, the judicial branch would suffer because the average person is not aware of the qualifications judges should possess. Judges should have great ability, but also be free of political pressures. Since federal judges are appointed for life, their thinking will not be influenced by the president who appoints them, or the senators whose consent the president will seek.
Madison furthers, the members of each branch should not be too dependent on the members of the other two branches in the determination of their salaries. The best security against a gradual concentration of power in any one branch is to provide constitutional safeguards that would make such concentration difficult. The constitutional rights of all must check one man's personal interests and ambitions. We may not like to admit that men abuse power, but the very need for government itself proves they do, "if men were angels, no government would be necessary." Unfortunately, all men are imperfect, the rulers and the ruled. Consequently, the great problem in framing a government is that the government must be able to control the people, but equally important, must be forced to control itself. The dependence of the government on the will of the people is undoubtedly the best control, but experience teaches that other controls are necessary.
Dividing power helps to check its growth in any one direction, but power cannot be divided absolutely equally. In the republican form of government, the legislative branch tends to be the most powerful. That is why the framers divided the Congress into two branches, the House of Representatives and the Senate, and provided for a different method of election in each branch. Further safeguards against legislative tyranny may be neces...
... middle of paper ...
...ports: Partition of powers
Each Department
· Should have a will of its own
· Thus members of each should have little to do with appointments of members of the other
· Member of each should be as little dependent as possible of the others for the emoluments annexed to their offices.
In framing a government
1. government needs to control the governed
2. government needs to control itself
Each department should have different amounts of self-defense because some departments need it more than others.
Ex. Repersentative government legislative huge – divided into subgroups.
Two considerations:
· Single - All the power surrendered by the people is submitted to the administration of a single government. Compound – power first divided by two distinct governments and then each portion subdivided among separate departments.
· Guard society not only of oppression of its rulers, but also injustice of the other part. Need to guard minorities.
Keeps people from just electing someone on a whim.
In conclusion this is why tyranny and federalism, separation of power, checks and balances and big and small states all mean that they are important to know also the branches are a big part especially in the separation of
James Madison once said,” All men having power ought to be distrusted.” Through these words, Madison made the statement that not all government officials use their authority for good; some abuse that power and use it to gain more for themselves rather than vesting it within the people. This issue may lead to tyranny. Tyranny is when all powers belong to only one person or group. In May of 1787, the Constitutional Convention was held in Philadelphia to draft a better constitution. One of the topics that concerned many was how the constitution would guard against tyranny. Madison and the other delegates wanted a Constitution that would be strong enough to unite the states and the people together without letting there be one person or group gain too much power. They achieved this in several ways. Today, the U.S. Constitution guards against tyranny by including a separation of powers, federalism, and the fair representation of states.
While the government of the United States owes its existence to the contents and careful thought behind the Constitution, some attention must be given to the contributions of a series of essays called the Federalist Papers towards this same institution. Espousing the virtues of equal representation, these documents also promote the ideals of competent representation for the populace and were instrumental in addressing opposition to the ratification of the Constitution during the fledgling years of the United States. With further reflection, the Federalists, as these essays are called, may in turn owe their existence, in terms of their intellectual underpinnings, to the writings of the philosopher and teacher, Aristotle.
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.
Within the document Madison states, "In order to lay a due foundation for that separate and distinct exercise of the different powers of government, which to a certain extent is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own" (Madison, The Federalist, No.52. R83). Through the quote Madison states that the government is split into branches that act as their own separate entities. By having these branches be completely separate from each other, the government can assure freedoms and liberties for the people. Madison explains how having multiple branches protects the people by stating, "It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of another part" (Madison, The Federalist, No.52. R84). Madison states that by having separate parts of the government, one part can fight against the corruption of another. Having the government be separated into parts can also keep the entire government from being corrupted instead of just a fraction of it. Madison 's paper states that having the government be separated into parts can protect the liberties of the
All the presidents in the past have played an important part in shaping our country the way it is today. Either for better or for worse. James Madison is one of the presidents which made a difference for the better and probably did some of the best actions for our country. He did his job with pride for The United States of America and he did his job humbly with efficiency. That is why I look up to this American Hero.
"This inquiry will naturally divide itself into three branches- the objects to be provided for by a federal government, the quantity of power necessary to the accomplishment of those objects, the persons whom that power ought to operate," writes Alexander Hamilton in the Federalist #23 in reference to the separation of powers. The basic concept here is the idea of the federal government being divided into three separate branches that would balance excessive democracy through a system of checks on each other. The three branches, respectively known as the legislature (Article I), the executive (Article II), and the judiciary (Article III), were designed to entice the opponents of the Co...
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There are only a few things keeping the Legislative branch from getting out of control and that is its size and the implied powers that they have given to the other branches. Currently the United States congress is comprised of two houses, The Senate, and The House of Representatives. In which the senate is made up of one hundred people, fifty from each state. And the House of Representatives is made up of four hundred and sixty five publicly elected officials. With so many conflicting ideologies, because of geography and other factors, it is hard to please enough people to sway into deci...
President Thomas Jefferson 1801 - 1809. Thomas Jefferson came into presidency with the intention of limiting the size and power of the central government. His success and failures in accomplishing this goal were many. Thomas Jefferson was America’s third president in reign from 1801 – 1809, once tying in the presidential race with Aaron Burr, where the decision was made by the House of Representatives to choose Jefferson, whom they thought was less dangerous than Burr. As president he was the first to be inaugurated in Washington, which was a city he had helped to plan. President Jefferson's inauguration was probably the start of the changes in government.
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