Further safeguards against legislative tyranny may be necessary. In a representative democracy it is business not only important to guard against the oppression of rulers, it is equally important to guard against the injustice which may be inflicted by certain citizens or groups. Majorities often threaten the rights of minorities. There are only two methods of avoiding evil. The first is to construct a powerful government, a "community will." Such a "will' is larger than, and independent of, the simple majority. This "solution" is dangerous because such a government might throw its power behind a group in society working against the public good. In our country, the authority to govern comes from the entire society. In addition, under the constitution society is divided into many groups of people who hold different views and have different interests.
The constitutional rights of all must check one man's personal interests and ambitions. We may not like to admit that men abuse power, but the very need for government itself proves they do: "if men were angels, no government would be necessary." Unfortunately, all men are imperfect, the rulers and the ruled. Consequently, the great problem in framing a government is that the government must be able to control the people, but equally important, must be forced to control itself. The dependence of the government on the will of the people is undoubtedly the best control, but experience teaches that other controls are necessary. Dividing power helps to check its growth in any one direction, but power cannot be divided absolutely equally. In the republican form of government, the legislative branch tends to be the most powerful. That is why the framers paper divided the congress into two branches, the house of Representatives and the senate, and provided for a different method of election in each branch.
If this principle were strictly followed, it would mean that the citizens should select the president, the legislators, and the judges. But the framers recognized certain practical difficulties in making every office elective. In particular, the judicial branch would suffer because the average person is not aware of the qualifications judges should possess. Judges should have great ability, but also be free of political pressures. Since federal judges are appointed for life, their thinking will not be influenced by the president who appoints them, nor the senators whose consent the president will seek. The members of each branch should not be too dependent on the members of the other two branches in the determination of their salaries. The best security against a gradual concentration of power in any one branch is to provide constitutional safeguards that would make such concentration difficult.
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Party Unity at the congressional level will defeat our form of representative government as it did with Obamacare. . If representatives vote registered with the party interests over the interests of the people then a representative form of government will fail in the protection of the liberty of the people. . If our representatives, house and Senate, are of the people, meaning one of us, by the people, meaning elected by us, and for the party instead of for the people, then our country may indeed perish from this earth. . we know why they do it, a bribe to help with future writing elections, personal gain, a chairmanship or membership on a particular committee, fear of reprisals from the leader and/or to enhance the power of their party. There is nothing in the constitution preventing this behavior nor should there. . It is this form of Party politics that is wrong, not the constitution, and it should be disgraced and every politician behaving this way should be shamed and ridiculed until it stops. .
we are beginning to see some hope with the representatives that have been elected to uphold tea party principles turning against their party leaders when necessary to vote for the people. Summary Written by donald Mellon. Federalist Papers Summaries Index Page, read The federalist Papers. Summary, james Madison begins his famous federalist paper by explaining that the purpose of this essay is to help the readers understand how the structure of the proposed government makes liberty possible. Each branch should be, in Madison's opinion, mostly independent. To assure such independence, no one branch should have too much power in selecting members of the other two branches.
The argument is extended to favor the larger Republic formed by the union of the states as opposed to republics for individual states which would not be of adequate size to thwart the action of factions. . A pure democracy cannot be an effective government if the governed occupy a large area with many citizens and diverse interests because the requirement for every citizen to assemble and vote on every issue would be impractical and unworkable. It is mentioned without proof at this time that the federal Constitution under consideration balances all of these issues with a republican government. This concludes the summary but if the reader will permit this humble summarizer I will briefly address the following issue: If our form of government was designed to protect the liberties of the minority and the good of the country as explained in Madisons paper. Is there something wrong with our constitution? .
Is our electorate operating unconstitutionally? Before answering these questions let me give an example of the thinking in 1787 as i understand it from Madisons paper of how a republic encompassing the Union would protect the liberties of the people and preserve the good of the country. . Suppose tobacco farmers in North Carolina through thought or corruption or whatever gained sufficient support in their state to pass a law requiring all individuals over 13 years of age to smoke tobacco. . They then brought this desire to the federal Republican government. . But here their interests would have minimal support from representatives from maine, texas, and everywhere else other than nc because the representatives from all other states considering the liberty of their constituents and the good of the rest of the country would never approve such. Therefore a large republic will defeat the will of a faction if it is detrimental to the whole because of the merit of the representatives, the founders thought.
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Another purpose is to mattress continue the argument begun in the last paper that even though the Union of States would be large with many diverse economic and social issues a republican government would be the preferred form of government. Democracies have a poor track record because the majority eventually tramples on the rights essay of the minority and often does not protect the public good. . Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property, and have in general been as short in their lives, as they have been violent in their deaths. So how does a republic differ from a pure democracy and solve the problem? There are two great points of difference in favor of the republic, the delegation of the government to representatives elected by the citizens and the greater number of citizens and area over which it may be applied. . In a republic it is favorable to have representatives elected with a greater number of citizens to protect against the election of unworthy candidates and to elect the people with the most attractive merit. . A large republic with many representatives is necessary to guard against the cabals of a few but should not be so large as to create the confusion of the multitude. .
Summary Written by donald Mellon Federalist Papers Summaries Index Page read The federalist Papers. James Madison, the federalist Summary no 10: Madison, november 22, 1787, this overseas paper is considered an important document in American history for it lays out how the writers of the constitution defined the form of government that would protect minority rights from organized and united. The paper should be read in its entirety rather than in short summery if that is of interest. Madison describes how the proposed Republican government mitigates the problems caused in popular governments both ancient and modern by factions of the population whether amounting to a majority or minority that are united and actuated by some interest adverse to the rights of other citizens. he spends some time on why factions exist among people and the possibility of eliminating them while yet preserving liberty and concludes they exist because of human nature and they cannot be eliminated thus one must control their effect. . If the faction is in the minority then republican government clearly controls this situation by regular vote of the majority. . But what if a majority, how are the rights of the minority and the public good protected? . The answer to this is the primary object of this paper. .
to the sum of senators and representatives which are counted by the president of the senate, and if no majority is reached by any candidate the house. From this aspect of the government, it appears to be of a mixed character presenting at least as many federal as national features. The operation of the government is primarily directly on the people thus national. . But the extent of the proposed government cannot be deemed a national one since its jurisdiction extends to certain enumerated objects only and leaves to the several States a residuary and inviolable sovereignty over all other objects. The last issue that of amendments is neither wholly national nor wholly federal. . The fact that States votes are required makes it federal but since a unanimous vote is not required that is a national characteristic. . so in summary the proposed Constitution is neither a national nor a federal constitution but a composition of both. . Ratification is federal, sources of power are both, operation is national, extent of powers is federal, and amending authority is both.
to determine if the character of the proposed government is dream federal or national we must look at three objects; what is the foundation of its establishment, what are the sources of its powers and the operation and extent of them, and by what authority are. The establishment of the government is through a ratification process where decisions are made at the State level by officials elected by the people for that purpose. . The ratification is made by a single vote from each of the independent sovereign States that desired to be part of the new Union so that is a federal act. Any State not ratifying the constitution would not be a member of the Union. If the whole of the people voting a majority to ratify was required that would be a national act but that was not the case thus a federal act. The next relation is to the sources from which the government derives its powers. . The house of representatives derives its powers from the people and the people are represented in the same proportion as they are within each State, thus a national position. .
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James Madison, the federalist Papers Summary no 39: Madison. January 16, 1788, madison begins the candid survey of the plan of government reported by the convention by defining a republican form of government and then answering critics concerning whether the proposed plan is federal or national, that is, a confederacy of States. This important mattress last point is the difference between States maintaining their sovereignty if federal. A union with direct control of the people if a national government. . A definition of republicanism is necessary because history has confused the issue. . A republic is a government that derives all its powers directly or indirectly from the great body of the people; and is administered by persons holding their offices during pleasure for a limited period or during good behavior. . A comparison of this definition to the individual State constitutions shows that for the most part States have a form of republican government. But critics claim that they should also have preserved the federal form of government as in the Article of Confederation. .