Separation of Powers

Separation of Powers - Separation of Powers Federalist...

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Separation of Powers Federalist Position Executive -essential characteristics of unity, duration, adequate provision for its support and competent powers - wherever two or more persons are engaged in any common enterprise or pursuit, there is always danger of difference of opinion - if there are two executives it might split the community into violent and irreconcilable factions -you don’t need consultation if you have one executive -executive must have vigor and expedition -by having more than one executive it would tend to conceal faults and destroy responsibility, it leads to the difficulty in detecting faults (Fed 70) -more than one executive would deprive the people of their two greatest securities 1. restraint of public opinion 2. the opportunity of discovering with facility and clearness the misconduct of the persons they trust - there should be a single object of jealous and watchfulness of the people - one man will be narrowly watched and more readily suspected - term of four year contributes to the firmness, with time an executive can gain experience (Fed 71) -re-eligibility makes the executive accountable for behavior -executive is in charge of the army and the navy and act in confidence (Fed 72) - more regard to reputation, strong obligations, fewer personal attachments to gratify than a body of men -the ability to nominate is important for the final appointment which the Senate confirms -appointments are the object of his preference but because he is bound to submit his choice to the discussion and determination of a different and independent body he is more accountable (Fed 76) Judicial -periodical appeals are the proper and adequate means of preventing and correction infractions of the constitution (Fed 50) - Judiciary should be appointed, because of the very specific qualifications essential to the members and appointment best secures these qualifications -permanent tenure by which appointments are held in that department, must soon destroy all sense of dependence on the authority conferring them (judges are not political actors) (Fed 51) Legislative Though at the current time the House of Representative was not at an extremely high number it has been made that the expiration of that number will end in 25 years and will be proportionately increased, the number rising to 200 in 50 years and to 400 in 100 years which will put an end to the fears of the smallness of the body
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-to the question of a representative/senator not knowing their constituents’ concerns during the Revolution the congress that was conducted was not chosen or responsible to their fellow citizens and they had the fate of their country more in their hands than it to be hoped will ever be the case with our future representatives, the mere fact that there is an election process is a positive element of the new constitution -general faith in republican government because there should be sufficient virtue in the elected men (all above Fed 55) Objects of federal legislation (Fed 56 in response to the charge that the HOR will be too
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This note was uploaded on 04/07/2008 for the course PSCI 102 taught by Professor Dry during the Spring '07 term at Middlebury.

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Separation of Powers - Separation of Powers Federalist...

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