Summary: Protecting Liberty From Legislative Tyranny

What does Madison rely on to prevent one branch of government from encroaching on another…virtue or ambition? What does this imply about the founders’ view of human nature?

With comparison between a small and large government, James Madison argues that a larger government, like the one proposed by the new United States Constitution, would protect from the tyranny of the majority that would likely be the result of maintaining a small government. He argues that voters are more likely to elect “fit” representatives, as compared to the higher corruption plausibility present in a smaller government. Madison formulates an important argument in favor of the government presented by the Constitution.

Lastly, it is impossible for any certain branch to gain too much power because of something called “checks and balances”. With checks and balances, each branch has the power to cancel another out and keep its power balanced. “In framing a government, which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place, oblige it to control itself.” Here, James Madison is stating that first, the issue is to convince the people that they need laws for the country to run properly and smoothly, and second is to explain to the people that the educated elite will not receive too much power. This will be achieved by giving each branch the power to overrule one another. For example, the legislative branch can impeach the president and Supreme Court, the president vetoes laws and nominates the Supreme Court, and the Supreme Court declares laws and acts unconstitutional. This way, not one single branch will be the main source of government.

In “Federalist 10”, James Madison explains and protects the checks and balances system in the Constitution of the United States. He says how each branch of our government is outlined so that its power checks the powers of the two other branches. He explains this by stating that there are factions, a majority faction and a minority faction. These factions are unified by a common belief or interest, and aim to protect the rights or interests of their community. If the power of the majority went unchecked, then the power they received could then be used to oppress the unpopular, or minority, views. The majority could also use their new power to take away the rights given to the minority.

The constitution guarded against tyranny by giving us federalism, separation of powers, checks and balances, and large vs. small states. The constitution was written in Philadelphia in the year of 1787. This established America’s national government and fundamental laws

One way the U.S. constitution protects us against tyranny is separation of powers. A double security rises to the rights of the people. The government's control each other, but at the same time it will be controlled by itself. The National and State governments limit each other's powers and the powers are divided between them. If all the power is in the same hands then they will have to much and there will be a tyranny. James Madison said, “Liberty requires that the three great departments should be separate and distinct.” He talks about how the branches limit each other and that the powers are divided so one branch doesn't get too much. Separation of powers

In document B and C, separation of powers of the three branches, legislative, judicial, and executive, ensures that not one power is greater than the other. However, as a form of checks and balances, the branches should not be separated to the point of having no constitutional control over each other. Madison stated "Liberty requires that the three great departments of power should be separate and distinct." (Federalist paper #51) but “..they may be a check on the other” (Federalist paper #51) meaning that the three branches have separate powers, but are able to have constitutional control on each other. For example, Legislative branch can approve the presidential nomination, override a president’s veto, and impeach the president from the executive branch while the senate confirms the president's nominations for the judges and remove them from the office from the judicial branch”. While,the executive branch can veto the congressional legislation from the legislative branch and nominate judges for the judicial branch. The judicial branch can declare presidential acts unconstitutional in the executive branch and declare laws unconstitutional to the legislative branch. (Document C). Framer guarded against tyranny through separation of powers but still being able to check on each other and having constitutional control on each other. The branches should be separate and distinct as if they were together, it would be given too much absolute power to one group. Checks and balances illustrates how the constitution guarded against tyranny because the three branches have fair opportunity to stop the other branches from committing an unconstitutional act. Additionally to how checks and balances the constitution from tyranny, “The Great Compromise” does the

When forming the three branches, James Madison knew they each had to be separated, but have equal power, thus giving different jobs to each and solving the issue of one possibly gaining too much power(Document B). The job given to the legislative branch is to illustrate, or make, laws and consists of the Senate and House of Representatives(Ibid). The executive branch now enforces those laws and the power is in the hands of the President(Ibid). The judicial branch is powered by the Supreme Court and has the job of forming courts and making sure laws are dealt with correctly(Ibid). This separation of powers guards against tyranny by balancing power so one branch is not higher than

With the concept of majority tyranny in mind, the founder’s, including Madison, divided the power of the government into three different branches. The need

Since the advent of human government, one of the principle fears held by the constituents of the government has always been to prevent any form of tyranny or abuse within it. Tyranny can be loosely described as one person or a group of people having total power in a government leading to the subjugation and oppression of people’s rights. Many new nations wish to eliminate any aspect of their government that may eventually lead to tyranny. The United States was no different in this respect; the framers of the Constitution longed to have no signs of tyranny in their government because they had gone to war with Britain for that very reason. In 1787, a group of fifty-five delegates came from

In Document B, Madison states that , “ The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may be justly pronounced the very definition of tyranny…. (L)iberty requires that the three great departments of power should be separate and distinct.” Madison is trying to say that all branches of power, whether it be one person or a group, is tyranny because they decided things or the government on what they think pleases them and their state. Each branch of government should check on each other, so that tyranny is not created. Separation of powers guard against tyranny by each having their own role.

The main idea of this quote was that Tyranny could still exist in democracy.It is possible that democracy exist in because if you say that even if you divide the power elective or not it may mean the mean.If madison allows a person to elected to the House of Representatives to serve at the same time on the supreme court he would disagree because he would have both power and my cause tyranny. Another quote may by Madison is “the constant aim is to divide and arrange the several office in such a manner as that they may be a check on the other”. The main idea of that quote was that each branch should not be able to work independently of the other two branches.Each branch should have some oversight or a check on the other two branches.One way the legislature can check the power of the chief executive is the president . And the President can check the power of the supreme court is by nominating the judges to the supreme court. The framer gave each branch of government power over the opposite two branches of government by each branch this prevent anyone to become more powerful then the

The constitution was written in the Summer of 1787. This document gave us our freedoms and rights as a U.S. citizen. These freedom are what keep us safe from tyranny. We have four ways that protect us as an American people. The four ways that keep us safe from tyranny is federalism, separation of powers, checks,and balances, and small and large state compromise. Tyranny occurs when a leader of some sort becomes abusive of his power and does whatever he or she wants without the consent of other government officials or the people of the country.

a Protection Against Tyranny – One of the most imperative purposes of federalism in isolating the force between the national government and state governments, and spreading the national government's energy among three branches that serve as a check and adjust on one another, is that it serves as a hindrance to oppression and runaway force. The securities we have in our framework against an oppressive, runaway government are a standout amongst the most critical focuses to why the framework was planned the way it was.

A common characteristic that contributes to the practices of democracy is the concept of checks and balances. James Madison, the fourth president quoted "the accumulation of all powers, legislative, executive, and judiciary, in the same hands...may justly be pronounced the very definition of tyranny." These checks and balances are primarily used to assure that the government or no branches or offices of the government hold to much power. The term “separation of powers” is somewhat inaccurate in terms of the powers are not actually be divided but they are ideally shared. The founding fathers of this country believed that unrestrained power is dangerous, and is a good thing the president and court check each other along with the state and federal governments. For example, the Congress is in charge of making the laws and other legislature authority but the president can veto that bill. In return, the president is also limited because the congress can then override the veto by 2/3 of the majority. The