Federalist No. 51

1. Federalist No. 51 Independent Journal February 6, 1788 James Madison

2. Structure of Government and Checks and Balances • Concentrated power leads to tyranny. • If we keep governmental powers separated, we are free from tyranny. • In the American system a balanced government means that the three functions of government are vested in three separate institutions, the balance is maintained by giving each the power to resist the encroachment of the other two.

3. Structure of Government and Checks and Balances • According to Madison the first thing is to ensure first that each institution “has a will of its own.” • This means they are autonomous, or independent. • One cannot control the others. • Each is clearly distinct in the article of the Constitution.

4. Legislature • The Legislative Branch is established in Article One of the Constitution. • Have the power of the purse • Make laws • Represent constituents • Oversee the implementation of laws • To check the executive and judicial branches.

5. The Executive Branch • Established in Article Two of the Constitution. • Has the power of the sword • Implements the laws • Checks the legislative and judicial branches • Most problematic • Should it be headed by a single individual or a group?

6. The Judiciary • Established in Article Three of the Constitution. • Reconciles disputes in society • Interprets statutory and constitutional law • Checks the executive and legislative branches with judicial review.

7. How are Powers Separated? • They “should be so constituted that the members of each should have as little agency as possible in the appointment of the members of others.” • One cannot control the appointments of the others. • Each must have its own unique way of getting elected.

8. Madison’s Words • “…. All the appointments for the supreme executive, legislative, and judiciary magistracies should be drawn from the same fountain of authority, the people, through channels having no communication whatever with one another.”

9. Branches • Each of the branches of government is (or was) selected to office by one of four means; • House of Representatives- Election by the people. (2 year term) • Senate- Selection by state legislatures (6 year term) • President- Electoral College (4 year term) • Federal Courts- Presidential appointment followed by a senatorial confirmation. (Lifetime Appointment)