2305+-+Federalist+51+and+the+Separation+of+Powers

Power Points



Description: The second of the principles embedded in the Constitution is the separated powers. Closely related to the separated powers is the system of checks and balances which is the mechanism used to maintain the separated powers.

We've discussed this topic before, so its not new. We briefly covered how each institution - over British history - attained its own separate identity, and how the increasingly strong legislature developed the power to place meaningful limits on the power of the monarch. As with many other aspects of American government, our system developed out of the British model and learned from the experiences of British history. Balanced governments are an essential part of free societies.

The trick is properly designing a governing system so that the separate powers of government are in fact separated in independent institutions, and that this separation is maintained over time. That's what Madison describes in Federalist #51. As with Fed 10, Madison focuses on human nature and argues that the Constitutional system channels the negative aspects of human nature in such a way to maintain the independence of each institution. Ambition - which is inevitable in political leaders - is made to counteract ambition.

This section concludes by discussing deficiencies that results from the checks and balances (does it allow anything to get done?). It also introduces the political party, and outlines arguments that these institutions are necessary in order to overcome the checks and balances and allow governmental institutions to act in a manner that corresponds to public opinion.

Goals: After reading through the material above, you should be able to address the following questions:

Note: As with the section on Fed 10, be prepared to answer questions about the content of Federalist #51. Again, it is difficult reading, but again I know you can handle it. - What is the basic purpose of the system of separated powers? What is the negative consequence of separated powers? - How are powers separated in the Constitution? What different mechanisms are used to do it? - Be able to explain the role that elections and terms of office play in the process. - What is the principle way that each power is kept in check? Why are internal devises better than external devises in maitaining the separation? - How does human nature play a role in maintaining the separated powers? - Be able to describe the checks and balances. Which are listed in the Constitution? Which are not?

Key Terms

- legislative power - executive power - judicial power - tyranny - ambition - checks and balances - vesting clauses - democracy - autocracy - oligarchy - elections - appointments - council of revision - impeachment - vetoes - oversight - pardons - judicial review