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Fed 51

  • What constitutional principle is described in this passage? (P1)

    Madison describes the principle of separation of powers within the federal government. This principle is fundamental to the Constitution's design, ensuring that no single branch (legislative, executive, judicial) can gain too much power. Each branch is given distinct powers and responsibilities, with mechanisms in place to prevent overreach.

  • What second, related but district, constitutional principle is described?

    The second principle is that of checks and balances, closely related to the separation of powers. While the separation of powers divides government roles across different branches, checks and balances allow each branch to limit or check the powers of the others, ensuring that no branch becomes dominant.

  • How does Madison make the argument that the judiciary's permanent tenure means that they cannot have any dependence on "authority-conferring them" -- those that nominated and/or confirmed them?

    Madison argues that the judiciary's permanent tenure safeguards its independence, meaning that once judges are appointed, they are not dependent on the political powers that appointed them (neither the executive nor the legislative branches). This independence is critical for ensuring that judges can make decisions based on law and constitutionality, not political pressures or loyalties.

  • How is government a reflection on human nature? What is Madison's saying about human nature and goodness in this famous passage?

    Government, according to Madison, is a reflection of the fact that humans are not angels. If humans were purely virtuous, government wouldn't be necessary. Madison's view on human nature is realistic, acknowledging that people are capable of both good and bad. This view underpins the need for a system of government that both empowers and limits, recognizing that those in power may be tempted to misuse it.

  • What is the main way that government is built on dependence on the people?

    The primary way the government is built on dependence on the people is through elections. The House of Representatives, directly elected by the people, ensures that the government's authority is derived from the consent of the governed. This direct accountability to the electorate is a cornerstone of the democratic process.

  • Why would Madison assume that a legislature naturally dominates in a republican system of government? Does the legislature seem to dominate the three branches today? Why or why not?

    Madison assumed the legislature would naturally dominate in a republican system due to its direct representation of the people's will. Historically, legislatures are powerful because they control the nation's finances and laws. Today, the balance among the branches can vary, with shifts in power dynamics influenced by political, social, and economic factors. The legislature remains powerful, but the executive branch has gained significant authority, particularly in areas of national security and administrative governance.

  • What are some ways the Constitution divides power between the House of Representatives and the Senate? Under the original Constitution, how did the election of Senator differ from the House?

    The Constitution divides power between the House of Representatives and the Senate by giving them different roles, terms of office, and methods of election. Originally, the House was directly elected by the people, reflecting the population's will, while Senators were chosen by state legislatures, representing the states' interests. This difference was designed to balance popular will with the interests of state governments.

  • Why would Madison assume that the executive, on the other hand, would he weak and in need of strengthening within the system?

    Madison assumed the executive would be weak because it was vested in a single individual, making it less representative and potentially less powerful than the legislative branch, which embodies the collective will of the people. The concern was that the executive needed enough power to effectively administer the government without becoming tyrannical.

  • What specific checks and balances does Madison describe in P7??

    In Federalist No. 51, Madison describes several checks and balances, such as the presidential veto power over legislation, the Senate's role in confirming appointments and ratifying treaties, and the judiciary's power to interpret laws and their constitutionality. These mechanisms ensure that no single branch can dominate the government or make unilateral decisions without oversight from the others.

  • Summarize Madison's message in this paragraph about how checks and balances help prevent tyranny of the majority. How would a larger federal system aid the process of self-government?

    Madison argues that checks and balances, along with a large federal system, help prevent tyranny of the majority by making it harder for factions to dominate. In a large republic, the diversity of interests and opinions makes it less likely that any single group can gain enough power to oppress others. This system encourages compromise and protects minority rights, aiding the process of self-government by ensuring that power is distributed and not concentrated.