Sunday, August 27, 2017

The American Form of Government



Federalist Paper #10-


"From this view of the subject it may be concluded that a pure democracy, by which I mean a society consisting of a small number of citizens, who assemble and administer the government in person, can admit of no cure for the mischiefs of faction. A common passion or interest will, in almost every case, be felt by a majority of the whole; a communication and concert result from the form of government itself; and there is nothing to check the inducements to sacrifice the weaker party or an obnoxious individual. Hence it is that such democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths. Theoretic politicians, who have patronized this species of government, have erroneously supposed that by reducing mankind to a perfect equality in their political rights, they would, at the same time, be perfectly equalized and assimilated in their possessions, their opinions, and their passions."


-Madison
http://avalon.law.yale.edu/18th_century/fed10.asp


The Founders, much like the rest of enlightened class in Europe, feared the chaos that would ensue when the common people are left to their own devices. Madison believed that the flaws and the corruption of man would always trump the interests of the general people. Also, in a pure democracy, the majority always wins and that minority is never heard. There is little room for comprise and statesmanship. Madison feared this and wanted to create a system that defended the interests of the minority and forced the majority and the minority to work together. Thus, a true democracy over time would lead to the creation of a tyrannical state. That is one of the main reasons that in the modern world we see so many democracies turn into tyrannical states. Because one man is able to rally the common will of the people and, thus has the support of the majority. With little or no checks on the man in power and the will of the majority, over time that man is able to dissolve the democracy and from his own dictatorship. Madison believed that this corruption of the human spirit is inevitable due to the fact all humans are flawed. But through the creation of a republic, Madison found his answer. In a republic, Madison would be able to address his two main fears of pure democracy: abuse of the man (tyrannical rule) and overreach of the majority faction. By using elected officials based on the opinions of separate regions, Madison would be able to check the power of the executive and ensure comprise between the majority and minority.

-C. Shell


"The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States. 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. A rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project, will be less apt to pervade the whole body of the Union than a particular member of it; in the same proportion as such a malady is more likely to taint a particular county or district, than an entire State." 


-Madison 
http://avalon.law.yale.edu/18th_century/fed10.asp

As discussed above, having a republic, with elected officials from separate states and districts, allows the people to have their voice heard and prevents radical ideas from engulfing the entire Union. This is true for two reasons. One, the representatives are elected from a large enough electorate, where many ideas are shared, but a small enough electorate where local issues get through. Also, the creation of a bicameral house takes this idea step further. By having districts and then senators, the issue that affects the local person can get through to the congressman and the issue that affect a larger group of people from the state can get through to the Senator. Thus, in the republic, there is an engine for change. Two, on the contrary, by electing a public official this a final check between the voice of the public and vote of the representative. Although he or she may have been elected to a public official, they do not necessarily have to vote in favor the people. Thus, a final check on the people themselves.

-C. Shell

Federalist Paper #51-
"It is equally evident, that the members of each department should be as little dependent as possible on those of the others, for the emoluments annexed to their offices. Were the executive magistrate, or the judges, not independent of the legislature in this particular, their independence in every other would be merely nominal. But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. The provision for defense must in this, as in all other cases, be made commensurate to the danger of attack. Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. 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."

-Madison or Hamilton
http://avalon.law.yale.edu/18th_century/fed51.asp

The separation of the branches of governments ensures that one branch, or person from within those branches, can rise up and take over the government. By creating these branches, the legislative, executive, and judicial, you have by default, separated the powers away from the sources of power and created a series of checks and balances. Judicial ensures that the executive and legislative are not overreaching in authority. The executive checks the judiciary by appointing the judges and the legislative makes sure that executive cannot stock the court with unfair judges since it has to approve them. Checks and balances apply almost to any circumstance such as bill passages, declaring war, taxes, appointments, etc. This fluid motion of checks, balances, and separation of power ensures that government does what it is supposed to do- serve the people.

-C. Shell

"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 policy of supplying, by opposite and rival interests, the defect of better motives, might be traced through the whole system of human affairs, private as well as public. 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. These inventions of prudence cannot be less requisite in the distribution of the supreme powers of the State. But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates. 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. It may even be necessary to guard against dangerous encroachments by still further precautions. 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."

-Madison or Hamilton
http://avalon.law.yale.edu/18th_century/fed51.asp

The final and probably most important check and balance that founders created are the people. The power of the government is ultimately controlled by the people, it is ultimately vested in the people. We decide if who we want to represent us, we have the power to pick and choose. That is why is so critically important that this freedom is not infringed upon. Without the people powering the government, the government is null and void. The engines of power are no longer vested in the republican process of power but the process of political corruption. Thus, it must be every American's lifetime work to ensure this power stays with the people; that the special interests, multi-national corporations, and fake news media do not strip that power away from the people. We must ensure that our p0liticans can always be held accountable for their actions, such as taking heavy money from special interests and big multi-corporations that are not even from America. The public debate must be vibrant, we should ask more questions about our politicians, not less. This allows us to know more about who we are voting for and we can then make a better, more educated choice. Finally, we need to make sure that everyone has the ability to vote and that gerrymandering and voter suppression are once and for all abolished from this sentinel of democracy. Because if we fail on this issue, our right to vote, our great but fragile republic will fall apart. But if we succeed in continuing to protect this sacred right, we can take one giant leap forward in perfecting our Union. 

-C. Shell





2 comments:

  1. I really like how you connected every part of your response. Instead of choosing separate topics to focus on, you chose to focus on the separation of power, allowing for a flow within your writing to appear. This allowed for a general build up of your ideas, clarifying your interpretation of what made the american form of government work. At the same time, you ended with a call to action, showing how these ideals still apply today and how ultimately, these ideals have shaped not only the America right after the revolution, but the America we have today.

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  2. I really like how there was a common theme throughout your blog post. This makes it a much more centered and enjoyable read, as well as allowing you to convey your arguments better. I also like how you tied your statements to a lot of historical/modern examples (enlightenment, fake news, etc)

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