Question
Occasionally, people unhappy with a particular
judicial decision propose changing the
Constitution to deny federal judges lifetime
appoints. Instead, they would require that judges
face periodic reappointment. How would
Madison react to that sort of proposal?
41
7/23/2024 Answer
Madison would likely oppose the periodic
reappointment of federal judges because it would
undermine the independence of the judicial
branch of government from the executive and
legislative branches.
42
7/23/2024 Question
President Richard Nixon resigned in 1974 at the
height of the Watergate scandal in the face of
likely impeachment and removal by the
Congress. Would Madison have considered this
development a triumph for the Constitution or a
defeat?
43
7/23/2024 Answer
President Nixon was accused of abusing the
powers of his office. Congress provided a check
and balance on the president when it began the
impeachment process. Madison would have
declared that the entire episode demonstrated the
effectiveness of the constitutional system for
preventing any one branch from growing too
powerful.
44
7/23/2024 Question
How does checks and balances protect liberty?
45
7/23/2024 Answer
Checks and balances helps preserve liberty
because it is designed to prevent any one branch
of government from becoming too powerful.
Because of checks and balances, the powers of
government overlap. Consequently, if one
branch tries to become too powerful, the
members of the other branches have an incentive
to keep the first branch in check.
46
7/23/2024 Discussion question
According to Madison, does the success of the
Constitution depend on the honesty and good
nature of the president, members of Congress,
and judges? Discuss.
47
7/23/2024 Discussion question
During the George W. Bush administration,
Senate Democrats blocked several of the
president’s judicial nominees on the grounds
that their political views were extreme. Is this
the sort of political conflict that Madison would
have anticipated? Would he have approved of
it?
48
7/23/2024 Discussion question
How does dividing Congress into two
branches diminish the danger of legislative
domination of the government? Explain.
49
7/23/2024
Understanding Federalist 51 NT Chp 3
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