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Transcript of Paragraph 2
What question does Madison ask?
"What method should we use, then, to maintain the necessary partition of power between the difference branches as laid down in the Constitution?"
Madison was asking a question that most people in the American government had. Nobody knew how to distribute power without making them weak and not authorized to do anything, but not too powerful that the people don't have their freedom
1. What does separation of power require?
"In order to lay a due foundation ... all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own;....that the members of each should have as little agency as possible in the appointment of the members of the others...it would require that all the appointments for the supreme executive, legislature, and judiciary magistrices, should be drawn from the same fountain of authority, the people, through channels having no communication whatever with one another."
The best protection against any one branch growing too powerful is to empower the members of each branch to oppose the encroachments of the other branches. The members of each branch consequently have an incentive to reign in another branch if they believe the other branch is overstepping its authority.
Why is it necessary for ambition to contradict
"Ambition must be made to contradict ambition." "If men were angels no government would be necessary."
Basically it means...
Men will do malicious things, but we need a system to contradict those malicious things. So.. Federalism divides power between two levels of government that check one another.Separation of powers with checks and balances divides each level of government into distinct and separate units that check one another.
Who will dominate in a republican government? What is the remedy for this? Would an absolute veto remedy this?
The “legislative authority, necessity, predominates “ in a republican form of government. The solution to this issue is a division of power ( senate and house) and “render them by different models of election” , a little connected with each other” . An absolute veto power would either not be “ exerted with the requisite firmness” , or “it might be perfidiously abused.
In Simple Words....
Madison's key point is that the members of each department should be as little dependent as possible from the members of the other departments, and to stay independent, their own department must not encroach on the others. The best way to guarantee the independence of the branches of government from one another is to ensure that the members of each branch have as little as possible to do with the selection of the members of the other branches.The members of each branch to be chosen by the people in election.
What is the great security against one department growing too powerful?
"But the great security against a gradual concentration of the several powers in the same department, consists in giving those who administer each department, the necessary constitutional means and personal motives, to resist encroachments of others."
In Simple Words...
What does Madison say about the judiciary branch in the end of Paragraph2?
"In the constitution of the judiciary department ,...insist rigorously on this principle; first because peculiar qualifications being essential in the members, the primary consideration ought to be to select that mode of choice, which best secures these qualifications; secondly because the permanent tenure by which the appointments are held in that department, must soon destroy all sense of dependence."
What does Madison say about the members of each department?
“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”
In Simple Words..
What are the two considerations for the Federal system of America?
The first federal system is a single government system.Any “ usurping are guarded against by a division of government”. This rotates to the check and balance system we have ( Judiciary, executive, and legislative ). The second system is a dual government setup with a “ portion allotted to each” and then further subdivided into separate departments. In both cases “ the power (is) surrendered by the people “and posses checks and balance systems.
Each branch has its own abilities in government.
Each branch should not be able to appoint members of other branches.
All people are needed for liberty
Each branch can have the same power over each other, but not interfering with the other branches...no dependence on one branch
Madison thought that the judicial branch of the federal government would be the weakest. Since the federal judges are not elected by the people, but are appointed for life, they have to be free from political pressure. He felt that the ordinary citizen could not adequately determine whether a person's qualifications would be suitable for a federal judgeship.
To preserve liberty it was essential that no one person or group of persons exercise all three powers of government. Madison declares that the independence of the branches is further enhanced by making the members of each branch as little dependent as possible on the other branches for their salaries.The electoral process keeps government in check. Democracy is not the only means of controlling the government. The other means of controlling government is checks and balances. By dividing power among branches and levels of government, the Constitution prevents the concentration of power in one group.
In Simple Words...
In a single republic, all the power surrendered by the people is submitted to the administration of a single government; and the control is guarded.
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
Summarize Federalist #10 and Federalist #51. What are the similarities?
James Madison arguments in both federalist papers deal with some similarities. One is the preservation of the liberty because it’s “essential to the political life”. Without this right the Americans would not have a voice in the against government. This right gives the American people the right to make sure that, the government legislation doesn’t trample over their rights. Another is the justice against the government. The government has been executing their ideas because of the “overpowering majority “. Their ideas are not always what the people want. The third similarity is the type of republic of the U.S. The republic ha representatives that make promises for a problem like less taxes for the American people.The fourth similarity is the type of security of the U.S. This security takes of the majority and minority or takes neither for the governments hereditary/authority. Madison argument show how he felt government should be.