Monday, August 28, 2017

Why Does the American Government Work?

Why Does the American Form of Government Work?

  1. Federalist No. 10: If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by regular vote. It may clog the administration, it may convulse the society; but it will be unable to execute and mask its violence under the forms of the Constitution. When a majority is included in a faction, the form of popular government, on the other hand, enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens. To secure the public good and private rights against the danger of such a faction, and at the same time to preserve the spirit and the form of popular government, is then the great object to which our inquiries are directed.
My response: Madison refers to a faction as a group of people with similar beliefs or ideas. Because factions are an inevitable part of society, it is better to have a government that allows them representation and a voice, but is large enough to still accurately represent the majority and the demographics. This prevents minorities from having too loud of a voice and causing dangers to the liberties of others. Because the American Constitution allows this, most people have been content with their representation- until the Civil War. Even then, the Civil War showed how the racist majority was accurately represented and that the minority in the South who wanted to free the slaves did not speak over them. Of course, their beliefs are irrevocably wrong, but it shows how the Constitution is fair enough for all that allows its continuation today. There are a lot of things wrong with our society and government, but evidently the Constitution preserves the people’s political rights and representation.

  1. Federalist No. 10: Does the advantage consist in the substitution of representatives whose enlightened views and virtuous sentiments render them superior to local prejudices and schemes of injustice? It will not be denied that the representation of the Union will be most likely to possess these requisite endowments. Does it consist in the greater security afforded by a greater variety of parties, against the event of any one party being able to outnumber and oppress the rest? In an equal degree does the increased variety of parties comprised within the Union, increase this security. Does it, in fine, consist in the greater obstacles opposed to the concert and accomplishment of the secret wishes of an unjust and interested majority? Here, again, the extent of the Union gives it the most palpable advantage.
My response: Here, James Madison argues that a large republic is better than a small republic because of a higher chance of fair representation. In a small republic, it is harder to find a majority that can accurately represent most people’s views. Since the Federalist Papers were initiated to encourage colonies to ratify the United States Constitution, in this context, Madison is arguing that small colonies are not able to address liberties and restrictions fairly to all. He advocates for a united country comprised of the colonies, where each state is represented fairly and all representatives are competent and selected by common people. Following Madison’s words, one can infer that the United States’ government continues to work to this day because of the representation it gives to all its people. Although the United States is undoubtedly much larger than it was back then, its’ government continues to thrive because the representatives work together to provide a voice for different “factions”- or groups of people. If each state was separate, then we would not be able to have the representation we have today.

  1. Federalist No. 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.
My response: Although this passage seems short, its words are powerful. Madison argues that the different legislative branches should strive to be as independent as possible, but also contain powers within them that limit other branches’ unfair actions. This allows a protection against corruption and unlawful exercise governmental power. Because the American government is so divided and constantly checks each other, individual politician’s greedy motives cannot totally succeed and the government is safe from usurping. That is why the american government has lasted this long and continues to survive today.

  1. Federalist No. 51: First. In a single republic, all the power surrendered by the people is submitted to the administration of a single government; and the usurpations are guarded against by a division of the government into distinct and separate departments…  Second. It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Different interests necessarily exist in different classes of citizens. If a majority be united by a common interest, the rights of the minority will be insecure.
My response: Here, Madison takes a different approach to Federalist No. 10. He recognizes the many doubts that people might have for a national government in a single republic and seeks to alleviate those worries by arguing that there are already many safeguards in place that allow for every person to be represented. He describes the checks and balances system that continues on to this day that prevents corruption or dictatorships. The checks and balances system also protects the rights of minorities, and ensures that they are heard and that their rights are not infringed upon, even if the majority disagree. Without this system in place, the American government/revolution would not have lasted as long as it did. For example, the French Revolution was also a revolution against tyrannical rule with ideas rooted in the Enlightenment. However, once the revolution started, the source of power and government became solely placed in the revolution’s leaders’ hands. With no system in place against them to check their power, the revolution quickly became the dictator. As a result of the unique system of government which placed power among different places, corruption in the American government was much less limited (although it still persists), and the American people continue to thrive.

2 comments:

  1. I agree with your explanations of how these essays show how the American form of government works. It is very interesting how there are certain balances created to keep the government working the way it should, in a way that is meant to protect the people. It is extremely important for there to be different branches of the government to keep one another in check. However, while this is crucial to keep the power balanced and to protect the rights and the lives of the people, in what ways can the division of power in the American government also potentially make it difficult or inefficient at times for those in power to complete certain actions and make important changes?

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  2. I agree with your constitutional interpretation of the Madison's and Hamilton's message. Although it can sometimes be unjust to deal with, it is good that we have built a system of government where the majority does not always have the say. This helps to promote a balanced society that is fair and equal to everyone. The checks and balances essay is, in my mind, maybe the most important piece of these four legal essays. This system of government that our founders created is so unique. In a time where kings and princes ruled, our leaders spelled out a system to do the opposite. A system that has withstand the test of time and continues to endure with each passing administration.

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