Federalist 47 & 48 - • It is not enough to present...

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August 30, 2007 Federalist 47 Opponents think that the Constitution does not create enough distance between the three branches – it violates liberty Madison agrees that this should be a big concern o If all branches are in the same hands, it breeds tyranny Madison argues that power is distributed Montesquieu: theory of separation of powers British Constitution o Powers are not separate: very involved with each other o Montesquieu did not mean that the branches had to be entirely separate o Many of the states constitutions include blending of the powers o The powers have not been kept separate in the states even thought it has been written that they are to be Federalist 48 Checks and Balances: More Than Words Unless the legislative, judicial, and executive branches have control over each other, a free government cannot be achieved. The power in one department should not also be the power in another.
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Unformatted text preview: • It is not enough to present the division and trust that it will remain divided. • When power is placed into the hands of few, it breeds tyranny. It should be placed into the hands of many who represent the country as a whole. • The legislative branch pushes its limits – and often has the most power. • Virginia o Three departments are not to be intermixed. If the representatives are all despots, they will act the same as one despot. The ideal government institutes the system of checks and balances among the three departments. • Pennsylvania o Questions whether the legislative and executive branches are guarding the people or are just power hungry. o The executive branch is made up of multiple people – essentially more of a legislative branch • KEY POINT: Simply writing that the branches are to be separated is not enough....
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