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Federalist No. 51: Difference between revisions
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'''''<big>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 departmen[t]?</big>''''' | '''''<big>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 departmen[t]?</big>''''' | ||
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== Why ultimate authority must reside in the Legislature, representatives of the people == | |||
Madison here argues that separate, balanced powers may not accept one another's authority, so they must obey an ultimate authority, which he assigns to the legislative branch as direct representative of the will of the people. However, since a legislature can abuse power, it is prudent (wise) to also divided it into "different branches" and "to render them, by different modes of election and principles of action" in order to check and balance the one branch of the legislature against the other. | |||
* thus the House and the Senate | |||
* thus the different terms of office for each | |||
Madison then assesses (measures) a necessary constraint (block) against the authority of the legislature, as necessary check against it's overwhelming powers | |||
* while not here expressed, Madison is here setting the justification for the executive veto (blocking a law passed by the legislature) | |||
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'''''<big>If the principles on which these observations are founded be just, as I persuade myself they are, and they be applied as a criterion to the several State constitutions, and to the federal Constitution it will be found that if the latter does not perfectly correspond with them, the former are infinitely less able to bear such a test.</big>''''' | '''''<big>If the principles on which these observations are founded be just, as I persuade myself they are, and they be applied as a criterion to the several State constitutions, and to the federal Constitution it will be found that if the latter does not perfectly correspond with them, the former are infinitely less able to bear such a test.</big>''''' | ||
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== State constitutions following the US Constitution == | |||
Madison here considers that if federal government observes "these principles" (his ideas here) it will be an important influence upon the states to follow them | |||
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'''''<big>There are, moreover, two considerations particularly applicable to the federal system of America, which place that system in a very interesting point of view. :</big>''''' | '''''<big>There are, moreover, two considerations particularly applicable to the federal system of America, which place that system in a very interesting point of view. :</big>''''' | ||
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== Federalism == | |||
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'''''<big>First. In a single republic, all the power surrendered by the people is submitted to the administration of a single government; and the usurpations are guarded against by a division of the government into distinct and separate departments. In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.</big>''''' | '''''<big>First. In a single republic, all the power surrendered by the people is submitted to the administration of a single government; and the usurpations are guarded against by a division of the government into distinct and separate departments. In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.</big>''''' | ||
|cell style="background-color:#ffffe6"| | |cell style="background-color:#ffffe6"|In a "compound republic," Madison reasons, the power of the government that the people "surrender" to it (i.ei., affirming that all power resides in the people) will be safeguarded (protected) by the separation, division and balances of power between the "distinct and separate departments". | ||
He calls this a "double security" of the rights of the people in that the "different governments will control each other and that each will be controlled by itself" | |||
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'''''<big>Second. 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 the other part. Different interests necessarily exist in different classes of citizens. If a majority be united by a common interest, the rights of the minority will be insecure.</big>''''' | '''''<big>Second. 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 the other part. Different interests necessarily exist in different classes of citizens. If a majority be united by a common interest, the rights of the minority will be insecure.</big>''''' | ||
|cell style="background-color:#ffffe6"| | |cell style="background-color:#ffffe6"|Next, he considers how the separation of powers will protect different segments of society from abusing the other. He accepts that "different interest necessarily exist", but without protection of the minority those interests will be abused by the majority. | ||
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|'''''<big>There are but two methods of providing against this evil: the one by creating a will in the community independent of the majority that is, of the society itself; the other, by comprehending in the society so many separate descriptions of citizens as will render an unjust combination of a majority of the whole very improbable, if not impracticable. The first method prevails in all governments possessing an hereditary or self-appointed authority. This, at best, is but a precarious security; because a power independent of the society may as well espouse the unjust views of the major, as the rightful interests of the minor party, and may possibly be turned against both parties.</big>''''' | |'''''<big>There are but two methods of providing against this evil: the one by creating a will in the community independent of the majority that is, of the society itself; the other, by comprehending in the society so many separate descriptions of citizens as will render an unjust combination of a majority of the whole very improbable, if not impracticable. The first method prevails in all governments possessing an hereditary or self-appointed authority. This, at best, is but a precarious security; because a power independent of the society may as well espouse the unjust views of the major, as the rightful interests of the minor party, and may possibly be turned against both parties.</big>''''' | ||