How Do the Branches Resist Being Controlled by Another

1. Before you read Federalist No. 51, use the graphic below to list what you already know about the ways in which each of the three branches of our federal government serves as a check on the others. Congress/Executive: Congress makes laws and can allocate funds while the president can veto legislation. Congress/Judiciary: Congress confirms judicial appointments where the supreme court enforces rules on legislation. Executive/Judiciary: President appoints judges to the Supreme Court and the Supreme Court can rule on executive action. 2. Why does Madison claim this document is being written? Madison wrote Federalist No. 51 to explain how separation of powers with checks and balances protects liberty. 3. What “foundation” is Madison laying here? Madison attempts to “lay a due foundation for that separate and distinct exercise of the different powers of government, which to a certain extent is admitted on all hands to be essential to the preservation of liberty,” highlighting the demand for checks and balances done by the separation of powers within three branches of the federal government and the division of powers between the federal government and the states. 4. Highlight or underline what Madison claims is necessary for liberty to be maintained. “... it is evident that each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible…” 5. Compare Madison’s argument in this paragraph to our government today. How do the branches resist being controlled by another? The system of checks and balances ensures that one branch of government can never have too much power over the other branch. 6. How is this view connected to his theory that checks and balances are necessary to avoid a concentration of power? Madison’s analogy explains that humans aren’t angels, and if we were, there would not be a need for government. People in power aren’t flawless (angels) so they should be governed as well through the process of checks and balances so that no one entity can have more control or centralized power than another. 7. What is the chief check on governmental power? The Supreme Court and other federal courts (judicial branch) can declare laws or presidential actions unconstitutional, in a process known as judicial review. By passing amendments to the Constitution, Congress can effectively check the decisions of the Supreme Court. 8. Circle which branch is the most powerful in a republic, according to Madison. “In republican government, the legislative authority necessarily predominates.” 9. How does the Constitution address this concentration of power in Congress? One important principle embodied in the U.S. Constitution is the separation of powers. To prevent the concentration of power, the U.S. Constitution divides the central government into three branches and creates a system of checks and balances. 10. Relate Madison’s argument about the power of the president relative to Congress to current political behavior. Madison explains how the power of the president and the relationship with Congress can be abused, which is shown in today’s political behavior. Our current president, Trump has many supporters in Congress that allow him to get away with many things, which gives him more power. 11. What is Madison’s reasoning for separation of powers and checks and balances? Madison’s reasoning for the separation of powers and checks and balances is so that the government can also be governed. Allowing one entity to hold more power than the rest of the government can be detrimental to American democracy. In order to prevent that abuse, checks and balances are imposed. 12. What does Madison assume about the nature of people that makes the system of checks and balances necessary? Madison assumes that the true nature and intentions of people aren’t good. He explains that people aren’t angels, or perfect, so they are incapable of living in a society without government. 13. Using the same diagram from the Before You Read, connect Madison’s outline of separation of powers to one way in which the system works and one issue that may cause the system to break down in our government today. Ways the system works: Congress: Approves appointments from cabinets and judges. Executive: Can veto bills/laws. Judiciary: Can declare laws or presidential actions as unconstitutional. What may cause the system to break down: Congress: Approve unjust appointments. Executive: Can enforce executive power when not needed. Judiciary: In favor of unconstitutional laws or presidential actions. 14. How is the Line Item Veto Act connected to President Clinton’s actions in the Balanced Budget Act (1997) and the Tax Payer Relief Act of 1997? Clinton v. City of New York is a legal case in which the Supreme Court of the United States ruled that the line-item veto violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress. 15. What does it mean to have “standing” to challenge an issue in the courts? Standing determines whether the party bringing the lawsuit has the right to do so. Standing is not about the issues, it's about who is bringing the lawsuit and whether they have a legal right to sue. 16. What were the requirements that the president had to meet to conform to the Line Item Veto Act? “In identifying items for cancellation he must consider the legislative history, the purposes, and other relevant information about the items. He must determine, with respect to each cancellation, that it will “(i) reduce the Federal budget deficit; (ii) not impair any essential Government functions; (iii) not harm the national interest.” 17. According to the Constitution, how can the President affect the lawmaking process? The president can veto a law. 18. What are the differences between the actions that the Constitution authorizes the president to do and what the Line Item Veto Act allowed? The Constitution can allow a veto before a bill becomes law. The Line Item Veto Act allowed statutory cancellation after the bill becomes law.