"When a majority is included in a faction, the form of popular government, on the other hand, enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens. To secure the public good and private rights against the danger of such a faction, and at the same time to preserve the spirit and the form of popular government, is then the great object to which our inquiries are directed. Let me add that it is the great desideratum by which this form of government can be rescued from the opprobrium under which it has so long labored, and be recommended to the esteem and adoption of mankind."
James Madison acknowledges the fact that there can be majority factions. However he clears this issue by explaining factions must rule to the interests of the public good and to all rights of citizens. He interprets the goal as simultaneously securing the public good and private rights while also keeping intact the spirit of the government. Without this goal, the foundations in which America was based upon would not stay intact. America is all about rights and not securing them would mean an entire different foundation of a nation. Madison's idea is that majority factions are safe because the ideals of equality force factions to act for everyone.
"The instability, injustice, and confusion introduced into the public councils, have, in truth, been the mortal diseases under which popular governments have everywhere perished; as they continue to be the favorite and fruitful topics from which the adversaries to liberty derive their most specious declamations. The valuable improvements made by the American constitutions on the popular models, both ancient and modern, cannot certainly be too much admired; but it would be an unwarrantable partiality, to contend that they have as effectually obviated the danger on this side, as was wished and expected."
In the beginning it is pointed out that instability, injustice, and confusion are the main corrupters of popular governments. If there were any amounts of instability, injustice, or confusion the American government would surely fail. However, Madison points out that there have been great improvements made by the constitutions that would be just too good to ever ignore. Improvements have ensured that the American government would have a chance at surviving. Since the American government has survived to this day I infer that the improvements were enough to keep the government alive.
"But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. The provision for defense must in this, as in all other cases, be made commensurate to the danger of attack. Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature?"
Madison explains the use of separation of powers by the government is used for protection. Each department must have the power to protect themselves from other departments. Without this idea one department would be able to politically overwhelm the other departments. However the members of the different must only pursue their own interests if it tied with the constitutional rights. Madison points out this type of power separation is a test of human nature. However even if the human nature of a department was flawed it would still be controlled.
"In order to lay a due foundation for that separate and distinct exercise of the different powers of government, which to a certain extent is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others. Were this principle rigorously adhered to, it would require that all the appointments for the supreme executive, legislative, and judiciary magistracies should be drawn from the same fountain of authority, the people, through channels having no communication whatever with one another."
Liberty is what America is founded upon. In order to maintain liberty, the government must exercise use of separate powers. Each separate power must be completely different. Madison points out that in order to follow this way of government the supply of members must be from the same group. They must be complete individuals not corrupted by one another. This might cause a problem in the sense that many people will not be good for the certain departments. However this is a problem that must be taken head on to preserve liberty as Madison said.
No comments:
Post a Comment