Madison vs. Marshall
analytical Essay
640 words
Before we start to take sides, we need to discuss the different point of views of Madison and Marshall. We have to understand that our political landscape during the birth of our nation was much different. The states, were not unified, and were made up of different and often conflicting interests. Along with factions fighting one another and making political progress impossible. As Madison, would describe faction as a number of citizens; whether it be a majority or minority whole, who were motivate by some common impulse of passion or of interest. This broad definition would include the interest groups who dominate the political landscape today. In Madison’s work of Federalist No. 10, he identifies factions were a problem. He views them as “a dangerous vice”, but at the same time saw factions as a necessary evil. He mentions that “The regulation of these various and interfering interest forms the principal task of modern legislation; and involves the spirit of party and faction in the necessary and ordinary operations of government.” Here Madison states that factions, opposed in spirit to democratic ideals, spreading “unsteadiness and injustice” which are actually necessary for the function of a representative government. Throughout his paper, Madison explains how pure democracy wouldn’t be able to work, because it had “no cure for the mischief of faction.” He believed that this type of government will give so much power to the majority that it was doomed to fail. He sounded very confident that the new constitution would work. He believed of having a representative and a republic system. He had no doubt in mind that new constitution would be the end of the states embarrassment to the world. Madison saw democracy not as an ideal but something that could be modified to be fitted. Two hundreds years later Thurgood Marshall said that Constitution written by our Founding Fathers was a defect from the start. As he said the first three words of the Constitution says “We the People” was a flaw. At the time our Founding Fathers didn’t have in mind the majority of Americans. The only thing on their mind was the wealthy population. Also he states how some things they wrote wasn’t place in action years later. For example “all humans are created equal.” This was a defect; it took an amendment to make this in effect. But Madison did say he couldn’t foresee the future of the government to the effects it could have.
In this essay, the author
- Explains that madison and marshall's points of view differed from one another, and that the political landscape was different.
- Analyzes how madison identifies factions as a problem in federalist no. 10. he believes that pure democracy wouldn't work because it had no cure for the mischief of faction.
- Opines that marshall was erroneous by not accepting the constitutional celebration.
Related
- analytical
- argumentative
- comparative
- Factions and the Constitutionanalytical essayIn Madison's Federalist 10, it is evident that he was not in favor of the formation of factions. He states, "…The public good is often disregarded in the conflicts of rival parties…" Madison made the point that the dangers of factions can only be limited by controlling its effects. He recognized that in order to abolish political parties from the government completely, liberty would have to be abolished or limited as well. For this reason, the government had to accept political parties, but it did not have to incorporate them into being a major part of the government. He says that the inclination to form factions is inherent, however the parties effectiveness can be regulated. If the party is not majority than it can be controlled by majority vote. Madison believed that in the government established by the Constitution, political parties were to be tolerated and checked by the government, however the parties were never to control the government. Madison was absolutely convinced that parties were unhealthy to the government, but his basic point was to control parties as to prevent them from being dangerous.
In this essay, the author
- Explains that while the constitution does not support factions, it cannot abolish them because it was designed to protect the liberties of the citizens.
- Analyzes how madison's federalist 10 argues that the dangers of factions can only be limited by controlling their effects.
- Analyzes how schattschneider disagreed with madison's view that political parties were destructive to government and should be abolished. the constitution is both pro- and anti-party at the same time.
- Opines that the establishment of political parties has been a positive aspect of american political culture.
419 wordsRead More - Federalist #10analytical essayIn “Federalist #10”, Madison describes the dangerous effects that factions can have on Republican government and on its people. Madison defines a faction as a group of citizens who unite under a shared cause, and work against other groups in order to achieve their means. Their means of achieving their goals may achieve adverse effects upon the rights of other citizens. Put in more modern terms, a faction could be reasonably compared to a special-interest group. The sort of faction that most endangers the liberty inherent in United States society are factions that contain a majority of the whole. The weakness of a popular government is its susceptibility to the effects of factions. However, a well-constructed Union provides numerous advantages, and its ability to break and control factions is its most important and vital to the success of the Union. Factions arise due to the nature of man to be moved by different opinions and passions. Men will be diverse in their opinions as well as their social and economic classes, and just by the mere presence of dividing classes will factions arise. By means of factions, legislative measures are often decided by an overbearing majority, with little or no regard for others who do not share their interests. Protecting against factions will protect those in the minority, and ensure that the public good is served.
In this essay, the author
- Explains madison's definition of a faction, which entails working against other groups to achieve their goals. a well-constructed union provides numerous advantages, and its ability to break and control factions is vital to the success of the union.
- Argues that madison is adamant about the dangers of pure democracy and the negatives it poses when faced by factions.
- Explains that a pure democracy is better-suited to be extended over the "greater sphere of country". madison holds that there are two options in curing the effects of factions.
- Explains that madison proposes that the effects of factions must be controlled, and the best way to do this is to create a large republic.
870 wordsRead More - Federalist #10analytical essayMadison begins perhaps the most famous of the Federalist papers by stating that one of the strongest arguments in favor of the Constitution is the fact that it establishes a government capable of controlling the violence and damage caused by factions. Madison defines that factions are groups of people who gather together to protect and promote their special economic interests and political opinions. Although these factions are at odds with each other, they frequently work against the public interests, and infringe upon the rights of others.
In this essay, the author
- Explains that madison's federalist paper argues that the constitution establishes a government capable of controlling the violence and damage caused by factions.
- Explains that both supporters and opponents of the plan are concerned with the political instability produced by rival factions.
- Explains that factions are inevitable due to the unequal distribution of property. men of greater ability and talent possess more property than those of lesser ability.
- Explains madison's view that there are only two ways to control a faction: destroy liberty or give every citizen the same opinions, passions, and interests.
- Explains that direct democracies cannot control factious conflicts because the strongest and largest faction dominates, and there is no way to protect weak factions against an obnoxious individual or a strong majority.
- Argues that madison hopes that the men elected to office will be wise and good men the best of america. theoretically, those who govern should be the least likely to sacrifice the public good to temporary condition.
- Opines that in large republics, factions will be numerous, but weaker than in small, direct democracies where it is easier to consolidate their strength.
- Explains that the constitution's immediate object is to bring the present thirteen states into a secure union. the states farthest from the center of the country will be most endangered by foreign countries.
- Analyzes how madison concludes that he presents thee previous arguments to convince those who will not listen to those 'prophets of gloom' who say that the proposed government is unworkable.
935 wordsRead More - Pluralismanalytical essayIn Federalist No. 10, James Madison stresses that “measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority.” Madison philosophized that a large republic, composed of numerous factions capable of competing with each other and the majority must exist in order to avoid tyranny of majority rule.# When Federalist No. 10 was published, the concept of pluralism was not widely used. However, the political theory that is the foundation for United States government was the influential force behind pluralism and its doctrines.
In this essay, the author
- Explains that many critics believe that faction representation is biased in favor of wealthy corporations and affluent individuals. schattschneider claims that the heavenly chorus sings with an upper-class accent.
- Analyzes how madison and the other founding fathers envisioned a country with political freedom and opportunity for every citizen. they hoped that america would avoid tyranny brought by an overwhelming majority.
- Analyzes how texas republican larry combest criticizes the bush administration for turning down the republican farm bill.
- Explains the concept of pluralism in federalist no. 10, which focuses on shared power among interest groups and competing factions.
- Analyzes how the bush administration felt that not enough money would be spent on the environment. pluralism is a large aspect of the united states' political system.
- Cites becker, elizabeth, evans, graham, hewnham, jeffrey, kernell, samuel, and gary c. jacobson, the logic of american politics.
1378 wordsRead More - Unequal Distribution Of Property And Factionsanalytical essayNext, Madison explains the reasons why unequal distribution of property leads to factions. Under the liberal society, people can freely practice their own faculties and experiment of life. Because people make decisions based on their reasoning and self-interest, they will focus on what is beneficial to them. When a group of people come together because they have the same interest, it becomes a faction. According to Madison’s writing “By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion or of interest… (Page 63)” He believes the unequal distribution of property will divide people into different group and eventually lead citizens to factions. Moreover, because faction is made by people who hold sim...
In this essay, the author
- Analyzes how madison explains the link between unequal distribution of property and factions. he states people are born with different talents, attitudes, and physical/mental powers.
- Analyzes how madison explains the reasons why unequal distribution of property leads to factions in a liberal society.
- Proposes how a government should be formed to control faction's harm to avoid mischief in government and promote public good.
- Explains madison's reasons for using republic government to regulate the violence of faction. the first reason is that republic has more efficiency to prevent the tyrant of majority.
- Analyzes how a large number of representatives provide two benefits to society: more choices to choose from, and less agreement in factions.
- Explains madison's suggestion that the u.s. government should use the model of separation of powers to prevent one branch being more powerful than others.
- Explains that ambition is human nature and cannot be changed. madison suggests the government should convert ambition in a good way to prevent abuse of power.
- Explains that the constitution separates congress into the house and senate, which provides internal checks on legislative branch. professor al schendan explained these structures as necessary for liberty.
- Concludes that madison thinks the human nature is ambitious, and the fixed outcome of human ambitions is people create factions to promote their own interests.
1079 wordsRead More - Analysis Of The New Federal Constitution A Radical Experimentanalytical essayHe discusses how Madison noticed the problem of each of the 134 states having its own agenda. Madison even thought that people were interested in their local politics. They don’t think of the whole state or even the whole country (Wood, 2012). He wanted to change this and create a stronger government that would override certain state powers like money printing and the ability to pass tariffs. He suggested that democracy was not a solution, but a problem (Wood, 2012). Basically, on a state level, he wanted to elevate decision making to limit democracy which was actually causing more harm than
In this essay, the author
- Analyzes how gordon wood calls the new federal constitution a "radical experiment" and believes the framers of that constitution to be political radicals.
- Explains that the new federal constitution was considered a "radical experiment" because it gave the government power.
- Analyzes wood's argument that there were two reform movements that influenced the creation of the constitution.
- Analyzes how gordon wood explains the second reform movement at state level. madison noticed the problem of each of the 134 states having its own agenda and wanted to create a stronger government that would override certain state powers.
- Opines that modern americans still believe in the framer's "radical experiment" but don't believe it as much.
809 wordsRead More - Interest Groups In James Madison's Federalist 10argumentative essayAccording to James Madison’s Federalist #10 a faction was a group of citizens, either large or small, who came together and act on common grounds for the rights of other people and/or their community. He believed that we as citizens naturally broke up into factions because of differences in opinion especially political ideology. Also Madison expressed that the distribution and collection of riches and property is so unequal that it causes the development of common faction. Although stating that factions are more of an inevitably harmful thing he does believe that they still are a way for the people to express their viewpoint to their government. Madison does argue for the control of factions, which he proposed in two ways. One of his methods
In this essay, the author
- Explains the "iron triangle," a model that highlights the equal advantages that interest groups, congressional committees, and the bureaucracy share in terms of the positions they play.
- Explains that the 1787 constitutional convention did not fix the articles of confederation but created the united states constitution.
- Compares the new jersey plan with the virginia plan, which was a bicameral legislature that favored larger states based on their population.
- Analyzes james madison's federalist #10, wherein he argues for the control of factions by placing limitations on laws, and controlling the effect they would have on the public by making them believe in one united cause.
- Defines interest groups as people who influence changes in public policy but do not try to become elected officials. they use lobbying and litigation to accomplish their central goals.
1479 wordsRead More - James Madison's View of Factionalismcomparative essayThe dangers of faction can somewhat outweigh the good. The framers of the American Constitution feared the power that could possibly come about by organized interest groups. Madison wrote "The public good is disregarded in the conflict of rival factions citizens who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community." However, the framers believed that interest groups thrived because of freedom, the same privilege that Americans utilize to express their views. Madison saw direct democracy as a danger to individual rights and advocated a representative democracy to protect individual liberty, and the general public from the effects of such inequality in society. Madison says "A pure democracy can admit no cure for the mischief's of faction. A common passion or interest will be felt by a majority Hence it is, that democracies have ever been found incompatible with personal security or the rights of property; and have, in general, been as short in their lives as they have been violent in their deaths."
In this essay, the author
- Explains that the iraqi government is the most dominant faction in the war, although it is not much of a government. the physical power of the government overshadows the moral aspect.
- Compares the house of representatives and the senate, arguing that the senate is a place of concurrent majorities.
- Explains that factions give breadth, depth, and volume to one's individual voice. the framers of the american constitution feared the power that could come about by organized interest groups.
- Explains that interest groups can be the underlying basis of most factions in modern civilization. they compete with each other for power in government policy.
1339 wordsRead More - Socratic Circle Essayanalytical essayFactions are products of human nature, but the purpose of government and law are to control these often insatiable desires of self-interest. Detailed within James Madison’s address to the people of New York, “The Federalist No. 10”, are the destructive and counterintuitive ideas of factions to a democracy. Agreeing with that notion, factions are detrimental to the idea of a democracy due to the separation of people and ideas; and the subsequent establishment of tiers of power and status within both political and economic systems.
In this essay, the author
- Analyzes the destructive and counterintuitive ideas of factions to a democracy in james madison's "the federalist no. 10".
- Argues that the creation of factions, self-interest groups, creates both majority and minority groups — the common good is hidden behind interests of majority groups with fixed aims.
- Analyzes how factions create debate and argument, but they fail to recognize the natural law of human's self-centeredness.
- Argues that the government system must maintain balance between the extremes of total factional or plutocratic dominance.
- Explains that factions pose a threat to democracy and its associated ideals. this notion is proven through the overpowering of the minority by the majority, in which the opinions of certain groups are silenced and amplified.
849 wordsRead More - The Dangers Of Factionalism In Canadaanalytical essayIn Federalist Paper Number 10, Madison sees Factions as being inevitable. Humans hold differing opinions and are all living under different circumstances, and are likely to group together with those most like themselves. Some groups of people will attempt to work together to benefit themselves even if it goes against public interests and even if it infringes upon the rights of others. In the Federalist Paper Number 10, Madison feared that Factions could be detrimental to the common good and in order to minimize the effects and control the effects of Factions, the best form of government would be a large republic. According to Madison, to minimize the negative consequences of Factions, they must either be controlled or the causes of Factions must be removed. Since he describes the causes of Factions being the different interests and living conditions between individuals, it can be argued that this solution is not very feasible. It would be impossible to make sure every single person makes the same amount of money, has the same goals, and even goes through similar life experiences. The greatest source of Factions, the deepest and biggest cause of Factions, according to Madison, is the unequal distribution of property. The acquisition of property or lack of property creates class divisions the foster differing interests. Since it is not possible to
In this essay, the author
- Explains that the founding fathers and canada's founders faced many obstacles and concerns when working towards creating the best possible form of government for their respectable nations.
- Analyzes how madison sees factions as inevitable. humans hold differing opinions and are likely to group together to benefit themselves even if it goes against public interests and infringes on others' rights.
- Opines that local governments should focus on local interests without interference from the central government. this gives the two levels their own jurisdiction to best cater to their interests. the difference between the founding fathers and the canadian founders concerns exists because of how power is divided.
- Explains that the federal union expresses concern about the central government infringing on the rights of the local government, whereas the federalist papers talk abut the parties and local governments creating the division.
- Analyzes how macdonald explains that one of the causes of factionalism the united states had to worry about will not be present for canada.
- Analyzes how william henry does not think that factionalism is as big a threat as the founding fathers thought it to be. william ross fears that what was occurring with new zealand would occur in canada.
- Explains macdonald's concerns about the lack of a legislative union in canada. the founding fathers and canadian founders agree that it is best to protect as many local interests as possible.
- Explains that both the united states founding fathers and canadian founders have concerns about factionalism and how to move forward and away from confederation.
1298 wordsRead More