Federalists: Separation of powers

Why did Madison argue that the legislative, executive and judiciary should be separate ?

To protect liberty

How does Madison define tyranny in relation to government power?

When all powers are held by one, a few, or many without separation.

What does Madison believe would happen if the Constitution did not separate powers?

Would lead to a 'universal reprobation.'

What aspect of the English constitution does Madison highlight?

The English constitution does not create a separation of powers

According to Madison, how does the English constitution fail to separate powers?

Members of judiciary appointed executive

Can be removed by him from address of 2 Houses of Parliament

Judges connected to the legislative

What is Montesquieu's famous assertion about liberty which Madison points out?

'There can be no liberty where the legislative and executive powers are united in the same person or body of magistrates.'

What nuance does Montesquieu add regarding the distribution of power?

Departments should not have total control over each other but can have partial agency.

What power does the magistrate have according to Montesquieu?

Cannot make laws but can veto them.

According to Montesquieu, what power does the legislature have over judges?

The legislature can remove judges through a joint act.

Why is separation between executive and legislative powers necessary according to Montesquieu?

To prevent the enactment of tyrannical laws.

What does Madison say about other constitutions and separation of powers?

He notes that no other constitutions have achieved absolute separation.

According to Madison, how does the Massachusetts Constitution address the separation of powers?

Clearly states that each branch shall never exercise the powers of the others.

What does the Constitution admit regarding the mixture of powers?

It acknowledges a partial mixture of powers among branches.

What is a fundamental principle that Madison argues is undermined by blending powers?

Liberty is undermined by the blending of powers.

What does Madison suggest about the New Jersey constitution?

It is the most blended, with members of the legislature also serving in the supreme court.

What does Madison imply about the haste and inexperience of those opposing the Constitution?

He suggests that their arguments show a lack of understanding of the principles involved.

What is the role of the Senate in the proposed government structure?

The Senate serves as a legislative body and a judicial tribunal for impeachments.

What unique power does the President have in relation to the Senate?

The President has a casting vote in the Senate.

What does Madison argue about the appointment of government officers?

It is an executive function, yet they are appointed by the legislature.

What does Madison mean by 'arbitrary control' in the context of judging and legislative powers?

It refers to the potential for judges to exert undue influence over legislative actions.

What concern does Madison express about judges and the executive?

He warns that judges could act violently like an oppressor.

How did Madison envision the Senate could check the power of the executive?

Judicial tribunals in the Senate

How did Madison propose the Senate and Executive should be connected?

President head of the executive but has casting vote in the Senate

How did Madison propose the legislative could keep a check on the executive's power?

Legislative elect the executive every year

What does Madison argue about the connection between legislative, executive, and judiciary departments?

Each department must be connected

According to Madison, what is the key question regarding the divisions of government?

Will these divisions stand the test of time and be sufficient to mark the boundaries of departments in the Constitution?

According to Madison what is the problem with hereditary power in government?

can lead to tyranny

What does Madison believe the legislative must balance?

has to 'feel all the passions which actuate the multitude' 'yet not so numerous as to be incapable of pursuing the object of its passions'

Which branch does Madison believe should be superior in a Representative Republic?

Legislative

What does Jefferson in state about the outcome of combining all 3 branches?

'precisely the definition of despotic government'

For Jefferson and Madison, why is it crucial the branches are separate?

Need opposition within government

How does the executive of Pennsylvania operate according to the notes?

The executive of Pennsylvania resembles an assembly rather than an individual, increasing the likelihood of breaking the constitution.

What contradiction is noted regarding despotic government?

It is contradictory to claim that a despotic government is just as oppressive whether the executive is administered by few or many.

One quote from Madison about whether the constitution will stand the test of time?

Can we ' trust to these parchment barriers against the encroaching spirit of power?'

What about the appointment of judges did Madison critique?

Permanent tenure and ensuring judges had the current authority of the people incompatible

According to Madison what should be the correct balance of power between branches?

Members should not be reliant on each other to carry out the roles of their office

What does Madison believe about the hierarchy of branches?

'cannot give each department an equal power of self defence'