Federalist 51 - Controlling the Government

 Paradox

   The paradox that lies in creating a workable government is in creating a power composed of...

"...several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places."

   After this goal is set, one realizes the difficulty in its execution. If one were to suppose, like Madison, that the voice of the people were sufficient to separate these powers and control them, then their position would be weakened by the following predicaments:

• A panel of Judges being politically motivated and impartial.
• A Congress so bound to it's majority constituency that it quashes the minority.

   The first is handled well by having Judges be appointed by the executive branch. They should have all the proper merits based on the judgment of the president. These merits can be confirmed or rejected by the senate in their support or refusal of the executive appointment, thus checking the power of the executive branch over the judicial.
   Further guards are established by having a long tenure of office, enabling judges to act correctly without the fear of being displaced by the next election. This tenure also works to further insulate them from the whims of the 4 year executiveor 6 year senator.

   The second predicament is managed by recognizing many division of sects, or rather, classifications of the citizens. Though there may be a majority, does not necessarily embody a greater part of the population when compared to the combined minorities. So long as the people are put into several different groups, no one will rise above the other. Furthermore, the majority may be compelled to support the minority if they wish to maintain their own security when they fall out of favour with the larger part of the population.

Primary Control

   The voice of the people is the first obstacle to a government becoming too strong. Since the government is an extension of the rights of the people, it is reasonable to establish democracy as the ruling power. This enables the most good to be had by the greatest number of people.

    Tow of the three federal branches of government are limited to officials elected by the people. The states are also limited in this same regard, with high level offices being elected, rather than appointed. This fracturing of individual or branch power in government eliminates the danger of one corrupt person or body from ruining the system.

   

Auxiliary Precautions

   Auxiliary precautions are those that lie within the government itself. Independent of the people, these measured ensure further security of the rights of the people. One of these precautions is to divide the state governments from the federal, in essence having a cluster of 'voters' (states) in control of the higher powers by regulating their respective states as they see fit.

   Also included in these safeguards is the separation of federal powers into three branches, each made to operate independently of the others. Beyond this, the legislative branch, the most powerful in a republic, is separated into two powers. This is the solution to it exerting too much power. As stated by James Madison, the answer is:

"...to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit."

    In conclusion, our constitution established the division and separation of powers. It also establishes the rights of the people, tenures of office, and the splitting of congress into two separate houses. All these things combined with the governing power of the people will create a government that is both controlled by itself, and by the people it governs.