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?