While the executive branch can veto legislations passed by the legislative branch, the legislative branch can also check the executive branch by overriding the presidential veto. One of the main ways that Federalist Paper 51 was able to encourage checks and balances was by emphasizing the word liberty and by describing that liberty would directly result from the implementation of these governmental concepts. Some difficulties, however, and some additional expense would attend the execution of it. We see it particularly displayed in all the subordinate distributions of power, where the constant aim is to divide and arrange the several offices in such a manner as that each may be a check on the other that the private interest of every individual may be a sentinel over the public rights. 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.
Essay 51, like essay 50, was claimed by H and Madison. Federalist 10 was written by James Madison and was titled The Utility of the Union as a Safeguard Against Domestic Faction and Insurrection… 1357 Words 6 Pages The Federalist Papers were a series of eighty-five articles in 1787-88 written mostly in part to persuade the colonies to ratify the United States Constitution. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. His fame increased after he became President, and was later given the title of 'Father of the American Constitution. It may clog the administration, it may convulse the society; but it will be unable to execute and mask its violence under the forms of the Constitution. Perhaps such a plan of constructing the several departments, would be less difficult in practice, than it may in contemplation appear.
After examining each in its turn Madison concludes that they are but a frail bulwark against a ruthless party. The different governments will control each other, at the same time that each will be controlled by itself. Does the advantage consist in the substitution of representatives whose enlightened views and virtuous sentiments render them superior to local prejudices and schemes of injustice? Government must not only protect the conflicting interests of property owners but must, at the same time, successfully regulate the conflicts between those with and without property. Evidently by one of two only. In the extent and proper structure of the Union, therefore, we behold a republican remedy for the diseases most incident to republican government. If angels were to govern men, neither external nor internal controls on government would be necessary.
A religious sect may degenerate into a political faction in a part of the Confederacy; but the variety of sects dispersed over the entire face of it must secure the national councils against any danger from that source. It can be little doubted that if the State of Rhode Island was separated from the Confederacy and left to itself, the insecurity of rights under the popular form of government within such narrow limits would be displayed by such reiterated oppressions of factious majorities that some power altogether independent of the people would soon be called for by the voice of the very factions whose misrule had proved the necessity of it. The government created by the Constitution controls the damage caused by such factions. Ambition, avarice, personal animosity, party opposition, and many other motives not more laudable than these, are apt to operate as well upon those who support as those who oppose the right side of a question. The second method will be exemplified in the federal republic of the United States. An enlightened zeal for the energy and efficiency of government will be stigmatized as the offspring of a temper fond of despotic power and hostile to the principles of liberty. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.
As long as the reason of man continues fallible, and he is at liberty to exercise it, different opinions will be formed. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions. This also ties back into the ideas of liberty and equal opportunity that Madison seems to be trying to emphasize through this Federalist paper. Summary Madison 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. 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. 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. In an equal degree does the increased variety of parties comprised within the Union, increase this security.
He recognizes that this first option can also lead to injustices, so the best solution is for society to have a multitude of different groups and classes to prevent tyranny. Thus, the greatest control on the departments is in the hands of the people themselves, who can remove any representative who abuses his powers. It is the end of civil society. The different governments will controul each other; at the same time that each will be controuled by itself. It is no less certain than it is important, notwithstanding the contrary opinions which have been entertained, that the larger the society, provided it lie within a practicable sphere, the more duly capable it will be of self government. They are not found to be such on the injustice and violence of individuals, and lose their efficacy in proportion to the number combined together, that is, in proportion as their efficacy becomes needful.
The number of sects or interests if large will prevent a majority interest from dominating. None of the three branches can exert any source of power over the others without being counterbalanced by the powers of another branch. Different interests necessarily exist in different classes of citizens. But it could not be less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency. This can be done either by creating a powerful, authoritarian government which cannot be dissuaded by the majority, or by dividing the society itself into so many different classes that any single group cannot impose its own views. Under such a regulation, it may well happen that the public voice, pronounced by the representatives of the people, will be more consonant to the public good than if pronounced by the people themselves, convened for the purpose. Political philosophers such as Locke and Rousseau had ideas that related to this proposal.
The framers established a representative form of government, a government in which the many elect the few who govern. It may even be necessary to guard against dangerous encroachments by still further precautions. The first method prevails in all governments possessing an hereditary or self-appointed authority. The interest of the man must be connected with the of the place. 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.