Federalist No. 47 – James Madison

  • Detractors say that the Constitution doesn’t divide the powers up enough so that they’re not wholly independent and that they are unevenly distributed.
  • Important to focus on separation of powers.
    • If too much power is given to one branch, it’s tyrannical but how much to give to each one and how separate should they be?
  • Quotes Montesquieu who liked the British model – but the British model doesn’t have a clear separation between the branches of government.
  • King appoints judges and signs treaties on his own
    • Courts consult him, legislatures advise him and during impeachment he acts as judge.
  • While legislative and executive powers can’t be united and have there be liberty me be the separation doesn’t need to be 100%
  • The state governments aren’t completely separate but there’s no complaint against them.

Leave a Reply