Monday, August 28, 2017

Why does the American form of government work?

Federalist Papers: No. 10

No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity. With equal, nay with greater reason, a body of men are unfit to be both judges and parties at the same time; yet what are many of the most important acts of legislation, but so many judicial determinations, not indeed concerning the rights of single persons, but concerning the rights of large bodies of citizens? And what are the different classes of legislators but advocates and parties to the causes which they determine? Is a law proposed concerning private debts? It is a question to which the creditors are parties on one side and the debtors on the other. Justice ought to hold the balance between them.

Madison argues that America's decisions and power should not be vested in a single individual, but rather should be for the general good of people. If a single man were to represent a nation, Madison believes that "his interest would surely bias his judgement," so it can be inferred that he is calling upon a large, diverse group of representatives in order for a government to work. Because the laws passed by the government are not pertaining to a single individual, but rather a unified country, it should be according to the general will of the public, which cannot be derived from a single man in power.

Federalist Papers: No. 10

By enlarging too much the number of electors, you render the representatives too little acquainted with all their local circumstances and lesser interests; as by reducing it too much, you render him unduly attached to these, and too little fit to comprehend and pursue great and national objects. The federal Constitution forms a happy combination in this respect; the great and aggregate interests being referred to the national, the local and particular to the State legislatures.

In this excerpt, Madison is describing the separation in the roles of the states and national government. With larger and smaller representatives, minorities are able to be represented, and the majority will not be able to abuse power. The separate representatives allow for the general will and universal consensus to be heard, pushing for an overall greater American nation.

Federalist Papers: No. 51

"TO WHAT expedient, then, shall we finally resort, for maintaining in practice the necessary partition of power among the several departments, as laid down in the Constitution? The only answer that can be given is, that as all these exterior provisions are found to be inadequate, the defect must be supplied, by so contriving the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places. 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."

In this passage, Madison introduces the ideas of separation of powers through the use of checks and balances as a component of a functioning American government. He explains the idea of checks and balances by arguing that the government's individual branches should have the right of "keeping each other in their proper places," ensuring that there is an even distribution of power in the government. Madison advocates for this practice of checks and balances because he deems it as the way to "maintain in practice the necessary partition of power among the several departments," protecting a single branch from tyranny.

Federalist Papers: No. 51

"Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger; and as, in the latter state, even the stronger individuals are prompted, by the uncertainty of their condition, to submit to a government which may protect the weak as well as themselves;"

The passage essentially answers the overarching question directly, declaring that justice and fairness is what keeps the American government running. All the principles of separation of power, checks and balances, etc., all derive from the general national desire for justice. The practices all allow for the American people's ideas to be heard, and Madison claims that it should always "be pursued until it be obtained." If the people are represented in justice, they will be inclined the support the government, allowing the government and its governed working in harmony.

1 comment:

  1. I like how you first analyzed Madison's beliefs, and then compared to how the US government works today. It helped make your analysis very clear and easy to understand.

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