Understanding Understanding Federalist #51Federalist #51

Mr. BarclayMr. Barclay

AP Government and PoliticsAP Government and Politics

Alisal High SchoolAlisal High School

Learning ObjectivesLearning Objectives

Identify the significance Identify the significance of the of the Federalist Papers Federalist Papers to an understanding of to an understanding of the American the American Constitution.Constitution.

Identify Madison’s Identify Madison’s purpose in writing purpose in writing Federalist 51Federalist 51..

Explain the role of Explain the role of separation of powers in separation of powers in the preservation of the preservation of liberty.liberty.

Learning Objectives Learning Objectives (Cont.)(Cont.)

Describe the role played by checks Describe the role played by checks and balances in the preservation of and balances in the preservation of liberty.liberty.

Identify the provisions included in Identify the provisions included in the Constitution to prevent the Constitution to prevent legislative dominance.legislative dominance.

Explain the phrase: “Ambition must Explain the phrase: “Ambition must be made to counteract ambition.”be made to counteract ambition.”

Describe how the “compound Describe how the “compound republic” protects liberty.republic” protects liberty.

Learning Objectives Learning Objectives (Cont.)(Cont.)

Describe the Describe the solution Madison solution Madison offers to the offers to the problem of the problem of the tyranny of the tyranny of the majority.majority.

Key TermsKey Terms The Federalist PapersThe Federalist Papers Separation of PowersSeparation of Powers Legislative PowerLegislative Power Executive PowerExecutive Power Judicial PowerJudicial Power Checks and BalancesChecks and Balances

Key Terms (Cont.)Key Terms (Cont.)

Compound RepublicCompound Republic Federal SystemFederal System Tyranny of the MajorityTyranny of the Majority

The Federalist The Federalist PapersPapers

Essays written in 1787 Essays written in 1787 and 1788 by James and 1788 by James Madison, John Jay, and Madison, John Jay, and Alexander Hamilton Alexander Hamilton under the penname of under the penname of PubliusPublius

Designed to advocate Designed to advocate the ratification of the the ratification of the new constitution by the new constitution by the statesstates

An authoritative but An authoritative but unofficial explanation unofficial explanation of American of American government by those government by those who created itwho created it

Federalist 51Federalist 51 Madison wrote Madison wrote Federalist 51Federalist 51 in in

1788.1788. It was addressed to the people It was addressed to the people

of the State of New York where of the State of New York where a lively debate was underway a lively debate was underway over the ratification of the over the ratification of the Constitution.Constitution.

It was subtitled as follows: “The It was subtitled as follows: “The Structure of the Government Structure of the Government Must Furnish the Proper Must Furnish the Proper Checks and Balances Between Checks and Balances Between the Different Departments.”the Different Departments.”

PurposePurpose

Madison wrote Madison wrote Federalist 51Federalist 51 to to explain how explain how separation of separation of powers with powers with checks and checks and balances protects balances protects liberty.liberty.

MontesquieuMontesquieu

Madison Madison borrowed the borrowed the concept of concept of separation of separation of powers from powers from Montesquieu, a Montesquieu, a French political French political philosopher.philosopher.

Powers of Powers of GovernmentGovernmentMontequieu identified Montequieu identified

three types of three types of political power:political power:

Legislative power = Legislative power = the power to make the power to make lawslaws

Executive power = the Executive power = the power to enforce lawspower to enforce laws

Judicial power = the Judicial power = the power to interpret power to interpret lawslaws

Preserving LibertyPreserving Liberty

Montesquieu declared that in order Montesquieu declared that in order to preserve liberty it was essential to preserve liberty it was essential that no one person or group of that no one person or group of persons exercise all three powers. persons exercise all three powers. If one person or one group of people If one person or one group of people were able to exercise all three types were able to exercise all three types of power, that person would be a of power, that person would be a threat to individual liberty.threat to individual liberty.

Separation of Separation of PowersPowers

Separation of Separation of powers is the powers is the division of division of political power political power into legislative, into legislative, executive, and executive, and judicial branches judicial branches of government.of government.

The Branches of The Branches of GovernmentGovernment

The legislative The legislative branch is the branch is the Congress. Congress.

The president The president heads the heads the executive branch.executive branch.

The U.S. Supreme The U.S. Supreme Court is the Court is the highest court in highest court in the judicial branch the judicial branch of government.of government.

Independent Independent BranchesBranches

Madison writes that the government Madison writes that the government under the Constitution should be so under the Constitution should be so constituted that the branches of constituted that the branches of government (he calls them government (he calls them “departments”) keep “each other in their “departments”) keep “each other in their proper place.” In order to achieve this proper place.” In order to achieve this goal, each branch should be independent goal, each branch should be independent of the other branches.of the other branches.

Ensuring Ensuring IndependenceIndependence

The best way to guarantee the The best way to guarantee the independence of the branches of independence of the branches of government from one another is government from one another is to ensure that the members of to ensure that the members of each branch have as little as each branch have as little as possible to do with the selection possible to do with the selection of the members of the other of the members of the other branches.branches.

Selection ProcessSelection ProcessCongressCongress: Members of the House are : Members of the House are chosen by the people. In the original chosen by the people. In the original Constitution, state legislatures Constitution, state legislatures selected senators. Today, they are selected senators. Today, they are elected by the people.elected by the people.

PresidentPresident: Selected by an electoral : Selected by an electoral college.college.

JudiciaryJudiciary: Appointed by the president : Appointed by the president with Senate confirmation.with Senate confirmation.

Judges are Judges are DifferentDifferent

The best way to ensure independence of The best way to ensure independence of the branches is for the members of the branches is for the members of each branch to be chosen by the people each branch to be chosen by the people in election.in election.

However, election is not feasible for However, election is not feasible for members of the judicial branch because members of the judicial branch because special qualifications are needed.special qualifications are needed.

Even though judges are appointed, Even though judges are appointed, lifetime appointments soon renders lifetime appointments soon renders them independent.them independent.

SalariesSalariesMadison declares Madison declares that the that the independence of independence of the branches is the branches is further enhanced further enhanced by making the by making the members of each members of each branch as little branch as little dependent as dependent as possible on the possible on the other branches for other branches for their salaries.their salaries.

Ambition v. Ambition v. AmbitionAmbition

The best protection The best protection against any one against any one branch growing too branch growing too powerful is to powerful is to empower the empower the members of each members of each branch to oppose branch to oppose the encroachments the encroachments of the other of the other branches. branches. “Ambition must be “Ambition must be made to counteract made to counteract ambition.”ambition.”

Human NatureHuman NatureMadison had a Madison had a

realistic view of realistic view of human nature.human nature.

““If men were If men were angels,” he said, angels,” he said, “no government “no government would be would be necessary.”necessary.”

Challenge of Challenge of GovernmentGovernment

The government The government must be able to must be able to control the control the governed.governed.

The government The government must be able to must be able to control itself.control itself.

How to Control How to Control Government?Government?

““A dependence on the A dependence on the people is . . . the primary people is . . . the primary control.” In other words, control.” In other words, the electoral process the electoral process keeps government in keeps government in check.check.

Democracy is not the only Democracy is not the only means of controlling the means of controlling the government. government.

The other means of The other means of controlling government is controlling government is checks and balances.checks and balances.

Checks and Checks and BalancesBalances

Madison declares Madison declares that the “constant that the “constant aim” of the aim” of the Constitution “is to Constitution “is to divide and arrange divide and arrange the several offices the several offices in such a manner in such a manner as that each may as that each may be a check on the be a check on the other.”other.”

Overlapping Overlapping AuthorityAuthority

The constitutional The constitutional powers of the powers of the branches of branches of government overlap. government overlap. The members of each The members of each branch consequently branch consequently have an incentive to have an incentive to reign in another reign in another branch if they believe branch if they believe the other branch is the other branch is overstepping its overstepping its authority.authority.

Military PowerMilitary PowerThe Constitution divides The Constitution divides military power between the military power between the executive and legislative executive and legislative branches.branches.

The president is commander The president is commander in chief.in chief.

Congress has sole authority Congress has sole authority to declare war.to declare war.

Congress has authority to Congress has authority to “raise and support armies.”“raise and support armies.”

Congress has authority to Congress has authority to “provide and maintain a “provide and maintain a navy.”navy.”

Diplomatic PowerDiplomatic Power The president The president

negotiates treaties.negotiates treaties. The Senate must The Senate must

ratify treaties by a ratify treaties by a two thirds vote.two thirds vote.

The president The president appoints appoints ambassadors.ambassadors.

The president may The president may receive ambassadors receive ambassadors from other countries.from other countries.

The Senate must The Senate must confirm appointments confirm appointments by majority vote.by majority vote.

Overlapping Overlapping PowersPowers

The members of the branches of The members of the branches of government have both the power and government have both the power and the incentive to hold either in check. If the incentive to hold either in check. If the members of Congress disagree with the members of Congress disagree with the president’s foreign policy, for the president’s foreign policy, for example, the Senate can reject treaties example, the Senate can reject treaties or refuse to confirm ambassadors. or refuse to confirm ambassadors. Congress can write its own defense Congress can write its own defense budget to reflect its defense policy budget to reflect its defense policy preferences rather than the preferences rather than the president’s.president’s.

Are Branches Equally Are Branches Equally Powerful?Powerful?

Madison warns Madison warns that the that the legislative legislative branch will branch will necessarily be necessarily be the strongest the strongest branch.branch.

Controlling the Controlling the Legislative BranchLegislative Branch

Madison offers two remedies to the danger Madison offers two remedies to the danger of legislative dominance:of legislative dominance:

1.1. Dividing the legislature into different Dividing the legislature into different branches—that is, creating a bicameral branches—that is, creating a bicameral (two chamber) legislature with a House (two chamber) legislature with a House and Senate.and Senate.

2.2. Strengthen the executive by giving it a Strengthen the executive by giving it a veto over measures passed by the veto over measures passed by the legislative branch.legislative branch.

Compound Compound RepublicRepublic

Madison Madison describes the describes the American system American system of government as of government as a “compound a “compound republic.”republic.”

The Federal The Federal SystemSystem

The federal The federal system divides system divides political power political power between a between a national national government with government with authority over the authority over the entire nation and entire nation and a series of state a series of state governments.governments.

And Separation of And Separation of PowersPowers

Separation of Separation of powers with powers with checks and checks and balances divides balances divides political power political power among legislative, among legislative, executive, and executive, and judicial branches judicial branches of government.of government.

Vertical and Vertical and HorizontalHorizontal

Federalism divides Federalism divides power vertically power vertically between the national between the national government and the government and the states. Separation states. Separation of powers divides of powers divides each level of each level of government among government among legislative, legislative, executive, and executive, and judicial branches of judicial branches of government.government.

Double SecurityDouble SecurityMadison notes that the compound Madison notes that the compound republic provides a double security to republic provides a double security to liberty:liberty:

1.1. Federalism divides power between Federalism divides power between two levels of government that check two levels of government that check one another.one another.

2.2. Separation of powers with checks and Separation of powers with checks and balances divides each level of balances divides each level of government into distinct and government into distinct and separate units that check one separate units that check one another.another.

The Tyranny of the The Tyranny of the MajorityMajority

In a republic, a majority In a republic, a majority may threaten the rights may threaten the rights of the minority. The of the minority. The tyranny of the majority tyranny of the majority is the abuse of the is the abuse of the minority by the majority. minority by the majority. For example, members For example, members of the majority religion of the majority religion could force members of could force members of small sects to observe small sects to observe the majority faith.the majority faith.

Protecting Protecting Minority InterestsMinority InterestsMinority interests can be Minority interests can be protected by creating a will in the protected by creating a will in the community independent of the community independent of the majority, such as a monarch. majority, such as a monarch. Madison says that this is an Madison says that this is an unsatisfactory solution, however, unsatisfactory solution, however, because the monarch may be because the monarch may be unjust and turn against both the unjust and turn against both the majority and the minority.majority and the minority.

Madison’s Madison’s SolutionSolution

In the United States, minority In the United States, minority interests find protection in a society interests find protection in a society with a multiplicity of interests. In a with a multiplicity of interests. In a large federal republic, such as the large federal republic, such as the United States, the large number of United States, the large number of interests will ensure that no one interests will ensure that no one interest is large enough to become interest is large enough to become the majority interest. Without a the majority interest. Without a majority interest, the threat of the majority interest, the threat of the tyranny of the majority is gone.tyranny of the majority is gone.

Dividing Power as Dividing Power as a Solutiona Solution

By dividing power By dividing power among branches and among branches and levels of government, levels of government, the Constitution the Constitution prevents the prevents the concentration of concentration of power in one group. power in one group. Multiple interests will Multiple interests will guard against the guard against the danger of any one danger of any one interest being strong interest being strong enough to dominate enough to dominate society.society.

Advantage of a Advantage of a Large RepublicLarge Republic

““In the extended Republic of the In the extended Republic of the United States, and among the United States, and among the great variety of interests, parties, great variety of interests, parties, and sects which it embraces, a and sects which it embraces, a coalition of a majority of the whole coalition of a majority of the whole society could seldom take place on society could seldom take place on any other principles than those of any other principles than those of justice and the general good.”justice and the general good.”

QuestionQuestion

Occasionally, people unhappy with Occasionally, people unhappy with a particular judicial decision a particular judicial decision propose changing the Constitution propose changing the Constitution to deny federal judges lifetime to deny federal judges lifetime appoints. Instead, they would appoints. Instead, they would require that judges face periodic require that judges face periodic reappointment. How would reappointment. How would Madison react to that sort of Madison react to that sort of proposal?proposal?

AnswerAnswer

Madison would likely oppose the Madison would likely oppose the periodic reappointment of periodic reappointment of federal judges because it would federal judges because it would undermine the independence of undermine the independence of the judicial branch of the judicial branch of government from the executive government from the executive and legislative branches.and legislative branches.

QuestionQuestion

President Richard Nixon President Richard Nixon resigned in 1974 at the height of resigned in 1974 at the height of the Watergate scandal in the face the Watergate scandal in the face of likely impeachment and of likely impeachment and removal by the Congress. Would removal by the Congress. Would Madison have considered this Madison have considered this development a triumph for the development a triumph for the Constitution or a defeat?Constitution or a defeat?

AnswerAnswerPresident Nixon was accused of President Nixon was accused of abusing the powers of his office. abusing the powers of his office. Congress provided a check and Congress provided a check and balance on the president when it balance on the president when it began the impeachment process. began the impeachment process. Madison would have declared that Madison would have declared that the entire episode demonstrated the the entire episode demonstrated the effectiveness of the constitutional effectiveness of the constitutional system for preventing any one system for preventing any one branch from growing too powerful.branch from growing too powerful.

QuestionQuestion

How does checks and balances How does checks and balances protect liberty?protect liberty?

AnswerAnswerChecks and balances helps preserve Checks and balances helps preserve liberty because it is designed to liberty because it is designed to prevent any one branch of government prevent any one branch of government from becoming too powerful. Because from becoming too powerful. Because of checks and balances, the powers of of checks and balances, the powers of government overlap. Consequently, if government overlap. Consequently, if one branch tries to become too one branch tries to become too powerful, the members of the other powerful, the members of the other branches have an incentive to keep branches have an incentive to keep the first branch in check.the first branch in check.

Discussion Discussion questionquestion

According to Madison, does the According to Madison, does the success of the Constitution success of the Constitution depend on the honesty and good depend on the honesty and good nature of the president, members nature of the president, members of Congress, and judges? of Congress, and judges? Discuss. Discuss.

Discussion Discussion questionquestion

During the George W. Bush During the George W. Bush administration, Senate Democrats administration, Senate Democrats blocked several of the president’s blocked several of the president’s judicial nominees on the grounds judicial nominees on the grounds that their political views were that their political views were extreme. Is this the sort of political extreme. Is this the sort of political conflict that Madison would have conflict that Madison would have anticipated? Would he have anticipated? Would he have approved of it?approved of it?

Discussion Discussion questionquestion

How does dividing Congress How does dividing Congress into two branches diminish the into two branches diminish the danger of legislative danger of legislative domination of the domination of the government? Explain.government? Explain.