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.