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Critically discuss the doctrine of separation of powers
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Federalist paper 10 james madison
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James Madison wrote the federalist papers to explain the federal system should of government to the the american people. The federalist papers also introduced the idea of factions in a republican government. James Madison describes a faction as a small, organized group that forms within a larger group which is often present in politics. Republican governments are prone to factions. In order for a republican government to be successful it is important to protect against factions. Madison believed there are two ways to protect against factions;to get rid of them or control them. If you get rid of factions you destroy liberty which the republican government is based on. Liberty is essential to the existence of a republican government .The causes …show more content…
The Great Compromise established how slaves would be represented;each slave would be represented as three -fifths of a person. In order for the Southerners to not have tax on their ports they compromised with northerners by allowing Congress to regulate trade between states and other nations. Lastly,they delegates could not decide whether to establish a supreme court system or to establish a lower courts as well. In addition ,the delegates had disagreements on whether the president or senate should have the power to select supreme court judges. A compromise was reached and as a result the president nominates supreme court judges and the senate confirms them. The Constitution would not be ratified if the delegates were not able to compromise,and by compromising justice prevailed and they were able to outline a Constitution for the “common good” of the …show more content…
Delegates had concerns over tyranny and wanted to form a government that doesn 't threaten the majority or minority.The delegates had not resolved the issue of separation of powers;divided the powers between the different branches of government, at the constitutional convention. James Madison proposed a governmental structure that separates the powers of government into the executive,legislative,and judiciary branch.The madisonian model refers to system of checks and balances where each branch has the power to check each other 's actions. The delegates were able to reach a compromise and ratify the constitution based on support for popular sovereignty where people have control and a republican form of government where people vote to elect representatives that represent their interest to make decisions for them.As well as limited goverment that had written laws,seperation of powers,checks and balences,and a federal system which included states rights. The federal system was set up as a compromise for those who wanted states to have sovereign control or the national government to have sovereign
When the Founding Fathers got together at Philadelphia to draft the Constitution, they had many different views and opinions as to how to govern our country. At the convention, the founders fought over the issues of slavery, representation and the Congress’s powers. Their personal lives had influenced their ideas and some of the compromises made at the Constitutional Convention. The founders’ different personal experiences, economic backgrounds, and coming from states of different sizes, economy and needs, led to the creation of the Three-Fifths Compromise, The Great Compromise, and the Slave Trade Compromise.
Federalist No. 10 and No. 51 were a series of essays written by James Madison, arguing for the ratification of the U.S Constitution. Before the ratification, the Articles of Confederation only bounded the thirteen colonies, uniting them as military alliance rather than a cohesive government. The central government lacked authority; the national government could not collect taxes or force states to comply with their laws. The lack of a strong central government made it difficult for states to operate effectively as one single nation. The state legislatures had too much power under the Articles, so Madison’s goal was to restrain the power of the states. Madison, Jay, and Hamilton, wrote the Federalist Papers to encourage the citizens to support the ratification of the Constitution. Federalist No.10 and No. 51 are highly regarded in comparison to the rest of the essays. Federalist No.10 is the introduction to Madison’s contributions of the series. Madison addresses the question of "factions" and disastrous effect to our liberties. Madison argues that a strong and large republic would best control the effects of factions, rather than a smaller republic. Madison also argues for representation in government rather than direct democracy. With delegates, the passions of the people would-be filtered, and only the ideas that are good for the majority of the people would prevail. Madison expands his argument in Federalist No.10 by having three separate branches of government, the judicial, legislative, and executive. Each branch would be independent and have equal power. Madison also notes that people are fundamentally flawed, so government needs to be able to control their passions. Madison states, “If men were angels, no government would b...
“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,” are words written by James Madison in The Federalist Papers No. 51. The Federalist Paper No. 51 is one of several documents that compose the Federalist Papers, a series of essays written by James Madison, John Jay, and Alexander Hamilton promoting the ratification of the Constitution. In this particular paper, several principles are used as arguments for ratification. Specifically, a main argument discussed is the means this government would have to self-regulate itself. Following the sentence quoted above is, “A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.” The auxiliary precautions Madison refers to is one of the many principles of our government that is still in action today, a system of checks and balances. Such a principle was born from the Constitution as a result of the existence of three branches and their division of powers.
In The Federalist Papers by James Madison, Madison discuses various aspects of government and how the government must be organized in order to better represent the people. In The Federalist, No. 10 Madison discusses the nature of political factions and parties and how they can affect the government and its practices. The Federalist, No. 51 discusses instead how the government being in branches helps maintain liberties and better protect the American people. The topics mentioned in The Federalist Papers continue to explain and structure our government today.
On September 17, 1787, the Philadelphia Convention sent their new constitution to the states for ratification. The Federalists highly approved of the Constitution because it allowed for a more central and powerful government that was previously undermined under the Articles of Confederation. The Anti-Federalists, however, didn’t want a powerful central government, but, instead, powerful state governments; in response to the Constitution, many Anti-Federalists began writing essays and creating pamphlets as a means of arguing against it. In retaliation to the Anti-Federalists attempt at getting states to not ratify the Constitution, many Federalists developed a group of essays known as the Federalist Papers, which argued for the ratification of the new law system.
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.
James Madison, an American statesman and political theorist that was present at the constitutional convention. Many of the ideas proposed by Madison are part of the reason that the Constitution has withstood the test of time. Madison was ultimately prepared to deal with one of the biggest problems this new government would face in his eyes, factions. Factions, which as defined by Madison are “a number of citizens, whether amounting to a majority or minority of the whole, 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” (Madison 156). Madison addresses various ways that he sees factions can be cured of its mischiefs such as removing a faction’s causes and also controlling their effects. Madison points out that this is would potentially create an even bigger problem than the factions themselves by stating, “Liberty is to faction, what air is to fire, an ailment, without which it instantly expires” (Madison 156) Madison also stated that the way for a government to remove the cause of faction was either to destroy the liberty that causes factions to exist in the first place or to give every citizen the same beliefs and opinions. Madison deemed this impractical, because it is nearly impossible to give everyone in a given place the same opinions and destroying the liberty would take away the very thing that the colonies fought for 4 years earlier. The fact is Madison knew that the country wouldn’t be able to count on a well-educated statesman to be there any time a faction gets out of hand. Madison knew the only viable way to keep factions under control is not to get rid of factions entirely but to set a r...
...ge was created, to voice the people’s opinion and maintain distance from mob rule. Having members in the country’s capital vote based on their state’s decision enables the country to not suffer the fate of being controlled by a radical crowd. Now, the question of slave representation became an issue for the delegates at the Constitutional Convention. The southern states wanted the slave population to have a say, while the northern states were dead against counting something that was bought as property, to be counted as a person. By counting slaves, the representation of the south in Congress would increase, allowing plantation owners to have the most say with the country’s decisions. Overtime, the north had to create the Three-Fifths Compromise with slaves (giving each slave three-fifths of a vote), since the South threatened to cut off the North’s food supply.
James Madison was a very intelligent man and was one of the forefathers for our country. In Madison’s Federalist Paper Number 10 he describes the need to control factions in the United States and how the government is to do so. The Federalist papers are a key point in describing how to control “factions” that are so dangerous to the young government, or so Madison feels. In Madison’s paper he clearly lays out his idea on the sources of factions, his feelings on democracy versus a republic, and how to control factions.
The Constitution that was created had a strong central government and weaker state governments. Under the Constitution, Congress was given the power to levy taxes, regulate trade between the states, raise an army, control interstate commerce, and more. A three-branch government was established in which a judicial branch handled disputes in a federal court system, a President headed an executive branch, and a legislative branch. Conversely, the anti-federalists believed in weak central and strong state governments, as the way it was in The Articles of Confederation and believed in strict adherence to the writings of the constitution.
To persuade the Anti-Federalist, James Madison wrote Federalist Paper number ten explaining a weakness with the Articles of Confederation. Federalist Paper ten was published on November 22, 1787. Number ten lays out how the writers of the constitution defined the form of government that would protect minority rights from organized and united factions that intended to pass the legislation injurious to the liberty of the minority or detrimental to the good of the country. Madison stated, “A faction was a number of citizens, whether it is a majority or minority, who were united and activated 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.”
In May of 1787, in the city of Philadelphia, the delegates from all of the thirteen states held a meeting in order to make a better union. The end result was the Constitution of the United States. The delegates discussed which form of government would be the best suited for both the security, and the freedom that many had wanted to add to this new government. The delegates had denied both the confederal and the unitary forms of the new government for the new form which is called Federalism. Which was to be described as the constitutional relationship between the United States and the Federal government. Federalism is different from the other two types of government, unlike the unitary form of government, which is ruled by the central government,
In 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.
Since the beginning of their new nation, the United States had many differences between the Northern and Southern states. During the Constitutional Convention they disagreed on how to determine their representation in the house based on population; the Southerners wanted to count their slaves and the Northerners did not, which lead to the three-fifths compromise. Later in the Convention there were concessions given to the South, which left the Northerners feeling uneasy, such as: a guarantee that the slave trade would not be interfered with by Congress until 1808 and slave owners were given the right to recover refugee slaves from anywhere in the United States. While many Northern delegates were disappointed with the rights given to the South, they felt it was necessary for the good of the Nation. This was necessary to form a strong central government and union between the states.
In 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.