U.S. GOVERNMENT AND POLITICS, SPRING 2011
SEPARATION OF POWERS, CHECKS & BALANCES
Woll 4 (Federalist 47, 48, 51), Woll 31/OSY 438-444 (Federalist 10)
Monday, February 21
James Madison and the Framers adopted a realistic view of human nature – they tried to construct a government that separated and divided powers to prevent potential abuses of government toward the people, and to prevent any single branch of government from becoming too powerful. Federalist 10 and 51 are considered the most significant in explaining and justifying the new federal government proposed under the Constitution. We will discuss separation of powers and checks and balances today, in the context of reading Federalist 10, 51, as well as 47 and 48.
FEDERALIST #47, 48, 51
- According to
Madison in #51, what is the primary difficulty in devising a system of
government? Find his answer and be able
to explain what it means in your own words.
- What aspects of the
constitutional system allow the powers of the new federal government to check
and balance one another, as Madison asserts they do in all three of these
selections? Be as specific as you can.
FEDERALIST #10
- What is a faction,
according to Madison? Why is it wrong to
eliminate factions altogether?
- What are the
advantages of a republic over a democracy, as a form of government? As part of this answer, be clear as to how
Madison defines “democracy” in this essay.
- Identify, from the
Constitution itself, OSY chapter 2, and today’s Federalist readings, some specific checks and balances and some
specific separations of powers that support Madison’s argument that the effects
of factions must be controlled because “the causes of faction cannot be
removed.”
- Madison asserts (Woll 177 at top; OSY 440, second column) that elected officials will be “a chosen body of citizens, whose wisdom may best discern the true interest of their country, and whose patriotism and love of justice, will be least likely to sacrifice it to temporary or partial considerations.” Although he also acknowledges that not all representatives will share this noble perspective, he does seem to assume that enough will in order to make the new government (or any representative government?) work. How can the electoral process assure that the “right kind of people” will get elected, let alone constitute a majority?
SEPARATION OF POWERS/CHECKS & BALANCES – a review
OSY p. 38, Figure 2.1 offers a great summary of these important aspects of the Constitution; anything we don’t mention in the discussion of the Federalist readings for today can be found here.
IMPLICATIONS/LASTING
EFFECTS FROM THE RATIFICATION DEBATES
- the first political parties in the U.S. form around the ratification debates; the Constitution does not mention, did not anticipate, and did not desire political parties to form
- the Federalists win the ratification debate, holding power as a loosely organized party from 1789-1800, but then they fall apart (concerns over their policies, little to hold them together after their common interests came to fruition)
- the Anti-Federalists become – under a different name – the first truly dominant political party in the early 1800s (and they are not particularly anti-Federalist once they take power)
FINAL NOTE: Further
discussion of specific provisions in the Constitution will occur as we discuss
future topics over the course of the semester (e.g. we will discuss the
Electoral College further when we talk about elections, we will review the
powers of Congress and the President when reading about those branches, etc.),
so we will keep referring back to the end of OSY chapter 2 throughout the
semester!
WEDNESDAY: Federalism!!