Dr. Alan Gibson continues his analysis of the Federalist Papers with a deep dive into James Madison's arguments for separation of powers in Federalist 51. Madison outlines his revolutionary approach to maintaining constitutional balance by harnessing human nature and self-interest rather than relying on parchment barriers or periodic constitutional revisions.
• Madison rejected simply writing down powers on parchment as insufficient to prevent encroachment
• Jefferson's proposal for constitutional conventions was dismissed as harmful to constitutional legitimacy
• The famous "ambition must be made to counter ambition" solution connects personal interest with constitutional duty
• Madison's system requires giving each branch the means and motives to resist encroachment from others
• The legislative branch is identified as most dangerous, requiring special constraints
• Executive and judicial independence are established through indirect elections and lifetime appointments
• Complete separation of powers is impossible; even Montesquieu's ideal English system featured power-sharing
• Anti-Federalists misunderstood separation of powers as requiring complete separation without checks and balances
• The Constitution meets the proper standard of separation of powers through its system of checks and balances
Check Out the Civic Literacy Curriculum!
