I remember way back in 8th grade
learning about the different branches of the American government. In my
class, we learned that there is a Judicial branch, a Legislative branch and an
Executive branch, which work with equal powers as a team to run the USA. How
they do this is with a series of what are known as "checks and
balances", also known as separation of powers. Checks and Balances
provide each branch with a way to regulate the other two branches. For
example the senate must ratify all treaties with a two thirds vote, the
President can veto a bill passed by congress, and the Supreme Court judges how
closely a law follows or does not follow the Constitution. In this
way, if Congress decides they would like to pass a law that gives the right
of freedom of speech to those who own a house and takes away the right of
freedom of speech from people who do not own a house, the Supreme Court would
be able to stop this oppressive law from passing by ruling it unconstitutional
on the basis that it violates the first amendment. In The
Federalist No.10 and The Federalist
No.51, James Madison argues the necessity of a system of checks and
balances in a nations government, due to their ability to regulate factions
within and between that government’s political parties.
To begin with, in order to asses
the validity of James Madison’s statement, one must first examine those
countries who do not have a system of Checks and balances in place, and asses
their political stability and extent to which they are providing their people
with their natural rights.
First lets examine ancient Greece
and their government of direct democracy.
In The Federalist No. 10,
Madison states, that “Theoretic politicians, who have patronized this species
of government, have erroneously supposed that by reducing mankind to a perfect
equality in their political rights, they would, at the same time, be perfectly
equalized and assimilated in their possessions, and their passions.” In this
Madison points out the reason for the evolution of political parties and
factions. It is because men are not all
equal in their possessions and passions that people disagree with one
another. In a direct democracy, there is
no way to prevent the majority from passing an oppressive law or act, because
there is no way to check their power.
While those theoretic politicians may argue that the separation of
powers exists between each individual person, people are not perfect, and thus
cannot be trusted to allow their actions merely to be guided with only the good
of the state and of its people in mind.
A second example of a government
not without checks and balances, but without a balanced separation of power is
the People’s Democratic Republic of Korea, more commonly known as North
Korea. While it is true that the North
Korean government possesses a separation of powers through their government
branches of the Cabinet, the Supreme People’s Assembly, the Central Court and
the Korean People’s Army, they are a more Centralized government with only one
party and numerous restrictions on their people’s natural rights. Madison has been clear to define, that while
faction cannot be left unattended it also provides “…various and interfering
interests”…which fosters modern legislation because of the necessity of “the spirit
of party and faction in the necessary and ordinary operations of the
government”(No.10). Thus North Korea,
having only one party, has eliminated the issue of faction, but in doing so
condemned its own government to fail because of the lack of differing
opinions. In the case of North Korea it
is not so much the lack of separation within their government that causes the
issue of a lack of liberty and thus a lac of differing political views, but the
separation of government and people.
Because there is not a branch of power given to the people so that they
may assist in regulating the government, the government has stopped regarding
the people’s opinions and natural rights in favor of their own personal desires
for power and prestige.
Having asserted through these two
examples of government that Madison is correct in his opinion that without
equal separation of government both within the governing body and between the
governing body and its people, let us examine thus why the government of
countries such as the United States, Canada and England have succeeded in the
endeavor to form a government in which people retain their natural rights to
life liberty and the pursuit of happiness.
The most important reason these
three countries have been successful in setting up such a government is that
they have provided that under their jurisdiction, the people have the liberty
to decide, express and communicate their own ideas and opinions. This basic freedom of speech and of the press
(as it is called in the US constitution) allows for the spread of differing
opinions and thus the formation of opposing political groups. It is this idea of faction and its necessity
in a republic to stimulate the government operations which is such a crucial
piece of government in the US, Canada, and England.
In addition to the existence of
factions the second most important piece of a republican government is a
separation of powers. In the US the
separation of powers is very extensive, and begins with the separation between
the federal government and the state governments. This separation enables the country to
regulate extensively any faction from gaining too much power, because while the
faction may dominate the state, the nation as a whole is little affected by the
state majorities interests and can still make a decision which is beneficial
for the greater good of all the countries people. Likewise, both the state government and the
central government are further divided into the executive branch, the
legislative branch and the judicial branch.
These branches check each other in multiple ways, and by doing so
preserve the purpose of the government as a protection of the people’s rights
and liberties. As Madison says so
eloquently “In the compound republic of America, the power surrendered by the
people is first divided between two distinct governments, and then the portion
allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights
of the people. The different governments
will control each other, at the same time that each will be controlled by
itself” (No. 51). In this way, the US
has created a self regulating government that puts all branches on equal
ground, and thus allows for the most efficient and reliable form of providing a
just governing body.
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