Review of the Separation of Powers Section of the Federalist Papers 47, 48, 49, 50, 51 The federalist papers constitute essays written by James Madison, Alexander Hamilton, and John Jay. They were written between 1787 and May 1788. Their intention was to convince the state of New York to endorse the United States constitution (Project Gutenberg, 1992)…
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This paper seeks to focus on sections federalist paper. Federalist Papers #47 In this essay, the principle of separation of power is addressed. At the time, the constitution was opposed, as it was perceived to breach separation of power. Those against asserted that the three arms of government are not adequately distinct and independent and power was irregularly distributed. Their worry was that the government would fail, and that freedom would be affected. Madison concurs with this notion on separation of power, mainly on the threat posed by unequal distribution of power. He claims that excessive authority in one branch is a recipe for authoritarian rule and it did not matter the number of men in authority. He claims that no further argument was needed if claims were objective. In contrast, he asserts that these claims lacked basis. He relies on Montesquieu, French in supporting his argument. Montesquieu relied on British constitution as his model. Montesquieu points out that the government branches in constitution are not absolutely separate or distinct. British king could intervene in legislative function when signing treaties. On the other hand, the king has authority of hiring and firing judges. ...
Federalist Papers #48 This essay propounds that the three branches needed not be absolutely separate and independent. It argues that each branch of government required minimum power to control the other two. Each branch is given some power by the constitution; however, it was to be controlled to avoid overexploitation of the power. He wrote that it was essential to differentiate between the three branches to be able to protect legal power vested on each branch of government. Madison concurs that conflict of interest are likely to arise due to power overlap. He states that theoretical checks expounded by the constitution are not adequate. He argues that the original drafters of republican government failed to draft laws that could check legislature. This created ways for legislature to abuse its power. He concurs that in hereditary monarchy the king is feared, likewise in direct democracies executive is feared, as legislature is ineffective in controlling powers of executive. This is because in direct democracies, the size of legislature is enormous, and power is scattered hence solving conflict is a challenge. In their envisaged government, the legislature was more likely to abuse the power as more power had been granted to it. On the other hand, legislature controlled a huge chunk of the money and controlled salaries paid to government employees. This was a recipe for corrupt dealing. In comparison presidential and judicial power was just simple and under extreme regulation. There existed no chance for the two branches to breach authority vested on the congress and any attempt was easy to detect (Project Gutenberg, 1992). Federalist Papers #49 Jefferson highlighted the
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Separation of Powers. Much progress has to be made before the UK has a satisfactory separation of powers. Critically discuss. Separation of power is an imperative to assure accountability on the part of a government, to restrain and dilute a trend towards corruption and to protect the fundamental and universal rights of the citizens, from incursions and interference of the governments in power.1 To achieve this cherished objective, it is a must to separate and circumscribe the legislative powers of the parliament to enact laws, the power of the government to manage and govern in the light of the ratified and established laws, and the power of the judiciary to listen to and resolve disputes in
Introduction Federalist Papers are considered as the most important source of constitutional history of United States of America and outlined the basic principles based on which the foundations of US were built. Comprising of series of 85 articles, Federalist Papers were mostly published during the period of Oct 1787 & Aug 1788.
The main aim of this paper was to introduce and propose checks and balances in the government to ensure creation of various aspects of political and government system with powers divided to each respective aspect. The paper also provided the right means of conducting elections at each level of the political system and appointments made at each level of government (Janda and Goldman 23).
y assessment (a democratic element).
Montesquieu agrees in part with Aristotle's ideas of combining a democracy with oligarchy. He terms them "executive" and "legislative" branches, but they are in effect the same as Aristotle's "democracy" and "oligarchy".
Alexander Hamilton was the originator behind the effort to gain support; specifically his goal had been to influence representatives from New York in the very real struggle to ratify the Constitution. Eventually, Hamilton would enlist the talents of James Madison and John Jay.
According to the report in the present environment where the omnipresent threat of terrorism is driving domestic and foreign policy, more and more governments all over the world are and seeking to arm themselves with more and more draconian powers under the mantle of ‘national security’ at the cost of human rights and individual liberties.
f people, who are members of a particular faction and are prejudiced, assumes control of the government machinery, can betray the interests of other people. The causes of faction can be attributed to the inborn tendency in man to form groups basing on ethnic, racial or cultural
Each government branch has the ability to monitor the powers of other government branches. This concept is referred to as separation of powers. This philosophy greatly influenced the development of the United States Constitution. The constitution illustrates three branches of government; Judicial, Executive and Legislative.
In this Federalist Paper #10, Madison talked about the weakness presented by a faction in a government but also presented the strength of the solution. The weakness was the faction inherent in every government and the strength
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