Principles of American Government

Analytical Reading Activities U.S. Government and Politics Topic 1.6: Principles of American Government Source Analysis Before You Read In moving from the Articles of Confederation to the Constitution, newly created powers for the national government did present concerns for those Americans fearful of concentrated power. In Federalist No. 51, Madison argued that separation of powers among three branches of government and a system of checks and balances would ensure that no one person or group of people would dominate the national government. 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. Related Concepts: ◼ Madisonian Model of Government ◼ Separation of Power s ◼ Checks and Balances ◼ Veto Po wer ◼ Judicial Review Congress Makes the laws Definition Describe the assumptions and/or reasoning of a sourc e or author. Executive Carries out the laws 3 Judiciary Evaluates the laws Souce Analysis Explain how the author’s argument or perspec tive relates to political principles, institutions, processes, policies, and behaviors. The Federalist No. 51 In Federalist No. 51, James Madison explains and attempts to persuade the reader that the underlying principles of the then proposed Constitution would provide safeguards against abuse of power. In fact, these ideas of separation of powers, checks and balances, and federalism were contained in the Virginia Plan as penned by Madison himself. Political scientists refer to the manner in which our government is structured into three branches of government as the “Madisonian Model.” To the People of the State of New York: Check Your Understanding TO WHAT expedient, then, shall we finally resort, for maintaining in practice the necessary partition of power among the several departments, as laid down in the Constitution? The only answer that can be given is , that as all these exterior provisions are found to be inadequate, the defect must be supplied, by so contriving the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places. Without presuming to undertake a full devel opment of this important idea, I will hazard a few general observations, which may perhaps place it in a clearer light, and enable us to form a more correct judgment of the principles and structure of the government planned by the convention. Use the space below the paragraph to summarize what Madison is saying in your own words. Check Your Understanding Why does Madison claim this document is being written? That he has seen a few things wrong with the government and wants to help fix it Based off of his observations of the government, he is going to give some suggestions on what the central government should do going forward. partition: division In order 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, 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 in the appointment of the members of the others. ... Check Your Understanding What “foundation” is Madison laying here? The separation of powers within the central government Source Analysis Highlight or underline what Madison claims is necessary for liberty to be maintained. But the great security against a gradual concentration of the several power s in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. The provision for defense must in this, as in all other cases, be made commensurate to the danger of attack. Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. Connect to Content Compare Madison’s argument in this paragraph to our government today. How do the branches resist being controlled by another? There is a “checks and balance” system, so branches have to get approval from others to do anything Source Analysis But what is government itself, but the greatest of all reflections on h uman nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. Highlight or underline Madison ’s claim about human nature in this passage. Source Analysis How is this view connected to his theory that checks and balances are necessary to avoid a concentration of power? It shows that people will not be able to resist the chance to abuse their power/freedom and those same people will be running the government, so having the power balanced will avoid that situation A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions. … Check Your Understanding What is the chief check on governmental power? According to Madison, is this chief check adequate? Legislative branch; no, the power their needs to be separated into different branches But it is not possible to give to each department an equal power of selfdefense. In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit. It may even be necessary to guard against danger ous encroachments by still further precautions. Source Analysis Circle which branch is the most powerful in a republic, according to Madison. Connect to Content How does the Constitution address this concentration of power in Congress? By separating the powers among different branches As the weight of the legislative authority requires that it should be thus divided, the weakness of the executive may require, on the other hand, that it should be fortified. An absolute negative on the legislature appears, a t first view, to be the natural defense with which the executive magistrate should be armed. But perhaps it would be neither altogether safe nor alone sufficient. On ordinary occasions it might not be exerted with the requisite firmness, and on extraordinary occasions it might be perfidiously abused. May not this defect of an absolute negative be supplied by some qualified connection between this weaker department and the weaker branch of the stronger department, by which the latter may be led to support the constitutional rights of the former, without being too much detached from the rights of its own department? Connect to Content Relate Madison’s argument about the power of the president relativ e to Congress to current political behavior. Now the power between the legislative branch and the executive branch, for example when congress wants to pass a bill it must have 2/3 majority votes and then it is passed off to the president to either accept or veto After You Read Thinking Like a Political Scientist Reasoning Process: Definition What is Madison’s reasoning for separation of powers and checks and balances? the government must be able to control the people, but equally important, must be forced to control itself What does Madison assume about the nature of people that makes the system of checks and balances necessary? Madison believed that mankind was prone to corruption and greed, so without the system of checks ad balances someone in power will eventually disrupt the balance of government with immorality Political Science Disciplinary Practices Source Analysis 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. Congress Executiv e Judiciary Ways the system works makes laws, but the President in the executive branch can veto those laws with a Presidential Veto, or judicial branch can declare them Congress: unconstitutional Executi declare ve: Executive Orders; veto a law; legislative branch has the power to approve Presidential nominations Judiciary: interprets laws, but the President nominates Supreme Court justices, the Senate in the legislative branch confirms the President’s nominations for What may cause the system to break down All representatives may struggle to come to an agreement Congress: Executi ve:president could come into power A corrupt May interpret the law incorrectly Judiciary: