Fed 51 (Analytical Reading) (Repaired)
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Dec 6, 2023
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Federalist No. 51
In Federalist No. 51, James Madison explains and attempts to persuade the reader
that the underlying principles of the then-proposed Constitution would provide
safeguards against abuse of power. In fact, these ideas of separation of powers,
checks and balances, and federalism were contained in the Virginia Plan as penned
by Madison himself. Political scientists refer to the manner in which our
government is structured into three branches of government as the “Madisonian
Model.”
From the New York Packet. Friday,
February 8, 1788. Author: James
Madison
To the People of the State of New York:
TO WHAT expedient, then, shall we finally
resort, for maintaining in practice the
necessary partition of power among the
several departments, as laid down in the
Constitution? The only answer that can be
given is, that as all these exterior provisions
are found to be inadequate, the defect must
be supplied, by so contriving the interior
structure of the government as that its
several constituent parts may, by their
mutual relations, be the means of keeping
each other in their proper places. Without
presuming to undertake a full development
of this important idea, I will hazard a few
general observations, which may perhaps
place it in a clearer light, and enable us to
form a more correct judgment of the
principles and structure of the government
planned by the convention.
Check Your Understanding
Summarize what Madison is saying in your
own words.
- In Federalist 51, Madison attempts to convince
the reader that the underlying principles of the
Constitution would safeguard against abuse of
power
- Political scientists refer to the structure into 3
branches of govt as the Madisonian model
- Acknowledges concerns raised in Brutus 1
about a strong federal govt becoming too
powerful and offer remedies
Check Your Understanding
Why does Madison claim this document is
being written?
Madison wrote Federalist No. 51 to explain how
the separation of powers with checks and
balances protects liberty.
Helpful definitions:
●
partition: division
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; and consequently should be
so constituted that the members of each
Source Analysis
Highlight or underline what Madison
claims is necessary for liberty to be
maintained.
Check Your Understanding
What “foundation” is Madison laying here?
should have as little agency as possible in
the appointment of the members of the
others. ...
Madison attempts 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,” highlighting the demand
for checks and balances done by the separation
of powers within three branches of the federal
government and the division of powers between
the federal government and the states.
But the great security against a gradual
concentration of the several powers in the
same department consists in giving to those
who administer each department the
necessary constitutional means and
personal motives
to resist encroachments of the others. The
provision for defense must in this, as in all
other cases, be made commensurate to the
danger of attack. Ambition must be made to
counteract ambition. The interest of the
man must be connected with the
constitutional rights of the place. It may be
a reflection on human nature, that such
devices should be necessary to control the
abuses of government.
Connect to Content
Compare Madison’s argument in this
paragraph to our government today. How do
the branches resist being controlled by
another?
The system of checks and balances ensures that
one branch of government can never have too
much power over the other branch.
But what is government itself, but the
greatest of all reflections on human nature?
If men were angels, no government would
be necessary. If angels were to govern men,
neither external nor internal controls on
government would be necessary. In framing
a government which is to be administered
by men over men, the great difficulty lies in
this: you must first enable
the government to control the governed,
and in the next place oblige it to control
itself.
Source Analysis
How is this view connected to his theory
that checks and balances are necessary to
avoid a concentration of power?
Madison’s analogy explains that humans aren’t
angels, and if we were, there would not be a need
for government. People in power aren’t flawless
(angels) so they should be governed as well
through the process of checks and balances so
that no one entity can have more control or
centralized power than another.
Source Analysis
Highlight or underline Madison’s claim
about human nature in this passage.
A dependence on the people is, no doubt,
the primary control on the government; but
experience has taught mankind the
necessity of auxiliary precautions. ...
Check Your Understanding
What is the chief check on governmental
power? According to Madison, is this chief
check adequate?
The Supreme Court and other federal courts
(judicial branch) can declare laws or presidential
actions unconstitutional, in a process known as
judicial review. By passing amendments to the
Constitution, Congress can effectively check the
decisions of the Supreme Court.
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 inconvenience 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.
Connect to Content
How does the Constitution address this
concentration of power in Congress?
One important principle embodied in the U.S.
Constitution is the separation of powers. To
prevent the concentration of power, the U.S.
Constitution divides the central government into
three branches and creates a system of checks
and balances.
Source Analysis
Circle which branch is the most powerful
in a republic, according to Madison.
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
Connect to Content
Relate Madison’s argument about the power
of the president relative to Congress to
current political behavior.
Madison explains how the power of the president
and the relationship with Congress can be
abused, which is shown in today’s political
behavior. Our current president, Trump has many
supporters in Congress that allow him to get
away with many things, which gives him more
power.
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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?
After You Read: Thinking Like a Political Scientist
Reasoning Process: Definition
Question
Write Your Response
Below
What is Madison’s reasoning for
separation of powers and checks and
balances?
Madison’s reasoning for the separation of powers
and checks and balances is so that the
government can also be governed. Allowing one
entity to hold more power than the rest of the
government can be detrimental to American
democracy. In order to prevent that abuse, checks
and balances are imposed.
What does Madison assume about the
nature of people that makes the system
of checks and balances necessary?
Madison assumes that the true nature and
intentions of people aren’t good. He explains that
people aren’t angels, or perfect, so they are
incapable of living in a society without
government.
Connecting to The Content
Choose a passage/quote from the excerpts above. Find or create an image that
represents the meaning of that passage and insert it below.
●
What passage/quote did you choose?
●
What image did you find/create? (insert below)
●
Why did you choose this image?