Federalist No. 51

What does Madison mean by "the necessary partition of power among the several departments"?

Madison is discussing the separation of powers built within the US government.

Today, what would we call a part of our government that Madison refers to as a "department"?

We would call it a branch of government (executive, legislative, and judicial).

Why is it necessary to divide the government's power?

It's necessary to separate the government's power in this specific way because it allows the branches to check and balance each other and prevent one branch from becoming too powerful.

What does Madison mean when he says "each department should have a will of its own"?

Madison means each branch should have the ability to exercise their own distinct power.

According to Madison, where should the power of the government come from?

Madison believes the power to govern comes from the people.

Who should NOT have a say in the selection of members of the government?

Members who are in government should not have a say when it comes to the selection of new members.

How is the selection of judicial branch officials different from that of officials in the legislative and executive branches?

In order to be selected as a judicial branch official, one must first meet the correct qualifications. Second, judicial officials must be isolated from other authoritative influence.

Why is this "deviation... from the principle" that one branch should not have power over the selection of another branch not applicable to the judicial branch?

The judicial branch is intentionally created to make decisions without the influence of other branches.

Why does Madison argue that each branch should not depend on another "for the emoluments annexed to their offices"?

Madison argues that each branch should not depend on another for the emoluments annexed to their offices because each branch still possesses their own unique power in which they must exercise.

What does Madison mean when he says "ambition must be made to counteract ambition"?

Action must be taken for the desire to preserve the government in order to counteract desires to encroach other branches and destroy government.

What is the term for "ambition must be made to counteract ambition"?

The term for this is called Checks and Balances.

What is Madison's argument about human nature?

Madison suggests that human nature is fickle and requires several methods of regulation in order to prevent corruption. If men were angels there would be no need for government but that isn't the case.

How can, as Madison argues, "the private interest of every individual... be a sentinel over the public rights"?

In order for the private interests of every individual to be protected over public rights, people must trust the government to pass legislation that does not violate their natural laws.

Which branch of government does Madison argue must be the most powerful in a Republic?

Madison argues that the legislative branch in a republic is most powerful.

How does our government "divide the legislature into different branches"?

We have the house of representatives and congress (Bicameral legislature).

Anti-Federalists complained that the federal government created by the U.S. Constitution was too large and powerful, and would inevitably become tyrannical. What is Madison's response to this concern?

Madison suggests that a large republic will capture the majority of the people's opinions and help reduce the risk of tyranny of the majority in regards to factions.

When Madison talks of "a double security" that will protect the rights of the people, what are the two levels of that double security?

He emphasizes how checks and balances and separation of powers will protect minority rights from tyranny or oppression by the majority

Other than government tyranny, what other type of tyranny is of concern in a Republic? (hint: think back to The Federalist No. 10)

Another type of tyrannical concern in a Republic is within factions. Larger factions could possibly drown out smaller factions and gain an unfair advantage of power.

How will minority rights be protected in the United States?

By having governmental power divided and broken into several parts, Madison suggests that the minority will be in little danger from the majority. There will be so many competing outlets that'll make it less likely for the majority to trample the rights of the minority.

What kinds of policies will be favored by a "coalition of a majority of the whole society" in the United States?

If this is true, how should this assuage the fears of Anti-Federalists?

Policies in which the natural rights of the people are protected.

Add a bill of rights to ensure the rights of the people will be protected.