Separation of Powers & Federalist 51: Publius Defends Constitution - Essay Sample

Introduction

Each branch of the federal government is set up to regulate the influence of those two subsidiaries; in turn, each level of government depends on the citizens of the supreme authority. James Madison clarifies in this Federalist Paper and attempts to protect the legal separation of powers. The paper was published under the alias Publius on February 8, 1788, the title under which all the Ratifying conventions became distributed.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Save 25%

In Federalist 51 document, Publius argues that the constitutional system of checks and balances will not endure "in reality" unless the system of government is so built that the human beings who constitute every branch of government have the "legal means and individual interests" to avoid "infringements" from all the other divisions (Madison1). James Madison's argument made the essay popular, but it is another statement that Madison claims positions the American system in "a fascinating point of view." To what degree is our attention, therefore, guided with such a peculiar display of optimism?

Federalist 51's main argument has been that the different branches of government should be exerted individually, albeit independently so as to "protect democracy from its authorities ' exploitation (Madison 1)." However, if democracy is instead shielded from "autocrats," one part of society can always endure oppression from a certain section of society. A plurality, united by a common purpose, is the most important example, which makes a minority's rights vulnerable. Federalist 10 told us all that the Democratic solution to these problems would be to expand the globe, that is, to create a country so wide in the area and the number and variety of people and interests, that it will be impossible for an informed plurality.

The statement of Madison starts with two assumptions. First, as we already learn through Federalist 10, is that while it is unavoidable that a plurality may behave as somewhat of a party to dominate the minorities. The second is that the end of democracy is peace. It's the civil society's end. It has always been, and will ever be, pursued until it is obtained, or until the pursuit of freedom is lost. Madison describes what happens in a state of nature to explain the political outcome to which these two premises lead. Stronger people there subjugate vulnerable individuals, but the former is not so strong that they are unaffected by the weaker people's attempts to get retribution, to defend themselves. In reality, through the moral sense, where there is no law, the chaos has become as immense as, by the instability of their situation, even the stronger people are compelled to submit to a regime that might vanquish evil and also themselves (Madison 1).

Madison, after which makes the argument in each and every society something analogous is happening. Whenever a dictatorship subjugates a segment of the less privileged population, as it will almost always do where there is a democracy, and then when a tiny fringe seeks fairness, the outcome has always been equality, chaos, and confusion (Madison 2). Yes, they get so powerful that many will be gradually compelled to support a state that can protect all sides, even the majority whose misrule created the problem in the first place.

In his essay on federalist 51 (Madison 2), Madison tries to show us the checks and balances of the constitution in relation to the government. He reasons that the branches of government were created so that they could provide checks for the power of the other branches. He further asserts that each branch operates independently but is fully dependent on the will of the people of the state. Madison's point of view on the Federal 51 is a reflection of the nature of the humans that requires checks and balances so as to control the government abuses. As we clearly know, the government is the greatest reflection of human nature.

Had men been angels, there would be no need for a government in the first place. That unless deities were ever to rule people, there would be no need for external or internal government controls (Madison 2). The great difficulty in creating a government to be run by men over men remains in doing this: first, you have to allow the government to control the governed; otherwise, you have to compel it to control itself. People-dependence is, without mistake, a government's main control; nevertheless, common sense taught humanity the need for adjunct vigilance.

Madison also helps us to understand the federal 51 by describing how the democratic government should serve as a check on factions, control, and the large proportion hegemony. In the U.S. constitutional republic every power in it should be extracted from - and conditional upon state, the nation itself has been divided into several sections, desires, and groups among people that perhaps the rights of citizens, or of marginalized, would be in no threat from involved dominant combinations. All of the constitution's checks and balances, Madison concludes, serve to preserve liberty by ensuring justice. Madison explained justice is the end of government. It is the end of civil society (Madison 2).

Furthermore, the initial concept about the separation of powers was really a concept of the Europeans originating in the time of emancipation. Furthermore, a concept of representative democracy as a method of establishing these checks and balances is a vital element of the federalist paper, mostly because it helps to understand how the different branches of government will be set up. We see this same concept of balance checks in several other states before this program is developed in the United States. It indicates that such a universal principle that is real in political theory is the notion of the constitutional separation of powers and of government checks and balances that was introduced in the United States. The introduction of the whole concept in the Federalist 51 document was merely a reiteration of a trend on an international scale that was already present.

What Madison does in his essay is embracing the concept of the movement of anti-federalists, where he recognizes the people of the lower and middle class in the community. He stipulates his knowledge on the fact that there exists class in our society and the fact that the compact majority are more likely to dominate the minority population. To take care of this problem, he suggests dealing with the people in leadership the legal way. He believes that the power of the people is mandatory for the inherent factionalism of the different classes of the American people.

Conclusion

In conclusion, people should be able to appreciate Madison's work and its impact on current politics by examining the meaning and origin closely within his works. The document is a protection of the people of America against any form of tyranny by giving solutions to the checks and balances available. Thus, this paper is a simple foundation of the constitution used in the United States of America. Furthermore, it is a foundation of the rights and freedoms of the citizens. The most significant difference between the works of Madison from other people's essays is the fact that he acknowledged the existence of both the state and national government and their significance. Madison's work formed a basis for the creation of the constitution by the Founding Fathers.

Works Cited

Madison, J. "The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments." FEDERALIST No. 51 , 8 Feb. 1788, www.csus.edu/indiv/f/friedman/fa2019/govt1/schedule/B/FED%2051.pdf. Accessed 22 Nov. 2019.