The Federal Papers: The choice of two governments

           Since the advent of our nation’s rise, the discussion about how our government should be lead, was prevalent since the earliest documents; the Articles of Confederations. Of course the rules that the government follows has changed greatly since then and in fact changed greatly only a short time after the Articles were created. These documents, the Federal papers, had discussions regarding the state of the American government arose.  Here the main debate occurred with whether the state should be a republic which ensures that a select few control the power representing all inhabitants, or a formation of many groups should be given power, which represents much smaller quantities of people. James Madison the author of both documents proposes two different ideas, to try and encompass the desires of all residents.

            In the 10^th paper he describes that as a result of having to many people representing too many smaller people, discord is created and nothing is accomplished because too many arguments are born from trying to find a compromise for all.  “that our governments are too unstable, that the public good is disregarded in the conflicts of rival parties, and that measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority.” In the end the only decisions that are made, are rushed ones which disregard the consent of the “minor party,” which in this case the smaller parties will either fade to obscurity, or gain immense popularity over another issue. “No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity. With equal, nay with greater reason, bodies of men are unfit to be both judges and parties at the same time; yet what are many of the most important acts of legislation, but so many judicial determinations, not indeed concerning the rights of single persons, but concerning the rights of large bodies of citizens?” Here Madison describes that the representatives in this situation are taking on a crowd which is much larger than what they should which in turn “biases his judgment, and corrupts his integrity.”  In the end the system may solve several problems, yet they also present new obstacles which in Madison’s opinion wouldn't adequately solve those said problems all while having those new flaws appearing.

            In the second article the 51^st paper, James describes the problems and strengths of using a division of power, which Montesquieu believed was the solution to a perfect government. However to the baron’s dismay, many problems would exist even with the solution of separation of power.  “In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit.” This problem is manifested in how the power is divided. Because since all men are out for self-interest, Madison believes that the control over the power will creep towards a particular branch who eventually will bend more and more power to him, leading to a grand usurpation. However that isn’t the basis, procedures must “be necessary to guard against dangerous encroachments by still further precautions. As the weight of the legislative authority requires that it should be thus divided, the weakness of the executive may require, on the other hand, and that it should be fortified.” This however can only be enforced at the beginning of this type of government because as soon as it is created, the struggle for control will insist and the branches will be corrupted either by their greed for power or their obsession for trying to achieve that power.