Number 51 -- Madison

1. Number 51 -- Madison The Ideas and Theories Federalists Papers

2. Number 51 -- Madison Section #1 • Everyone agrees that a separation of the different powers of government is essential to the preservation of liberty. • Each branch should have a will of its own. Consequently, government should be designed so members of each branch have as little input as possible in the appointment of members of the others. • If this principle [separation of powers] was rigorously adhered to, allappointments to the executive, legislative, and judiciary branches wouldhave to be made from the same fountain of authority: the people. • (Not included: masses may be not qualified to determine the best sort of judge) • Each branch should be as little dependent as possible on a different branch for their compensation. Were the executive or the judicial not independent of the legislature on this point, their independence in every other area would be insignificant. • (compensation for executive and judicial cannot change while in office)

3. Number 51 - Madison • Section #2 • Each branch has the necessary constitutional tools and personal motives to resist encroachments. • “ambition must be made to counteract ambition”The personal interests of members must be linked to constitutional rights of the office. • This doesn’t say great things about human nature—“But what is government itself but the greatest of all reflections on human nature?”But politicians are not angels so there is a problem: you must first enable the government to control the governed, and in the next place, force it to control itself.Dependency on the people is, no doubt, the primary control on the government. But experience has taught mankind that auxiliary precautions are necessary.

4. Number 51 -- Madison • Section #3 • Not possible to give each branch equal power -- In republican government, the legislative authority necessarily predominates.—so we break up the Congress into two pieces – And those two pieces have different constituencies and powersBut we may need to do more: presidential veto • may be used too rarely or used too much – further checks on the legislature may be necessary

5. Number 51 -- Madison • Section #4 • In a traditional republic, power goes into one government- that is broken into branches – we are a “compound republic” because power is first broken into state and federal levels – and then broken into branches – so we have a “double security”

6. Number 51 -- Madison • Section #5 • Equally important to guard against the injustice which may be inflicted by majorities against minorities. Two possible solutions: • Create a will outside of the majority (ie a king or other nonelected leader) – • Problem: could back the majority anyway, or turn against the majority and minority • Or create such a diverse society that no permanent majority emerges

7. Number 51 -- Madison Section #6 • under the Constitution, our society is large enough that it is divided into many groups of people who hold different views and have different interests. This makes it very difficult for one group to dominate or threaten the minority groups. -- but if we rely on smaller state governments (like under the Articles) there is the possibility that a majority could emerge to oppress – so big government (like the federal government under the constitution) is best at maintaining liberty.