Saturday, August 30, 2014

A Federalist Account

The American Government during the late 1700s faced a mixture of challenges, including unity, economic prosperity, political stability, and even personal rivalries. The main reason why the American Government didn’t collapse during the volatile early years is due largely to the US Constitution, which was drafted in 1787 and enacted in 1788. The influences that the Constitution drew from varied immensely, drawing upon thoughts from philosophers such as Voltaire, Rousseau, Locke...etc. Perhaps the most important facet of the US Constitution was its implementation of the system of checks and balances, which succeeded in its original goal of preventing one branch of government from gaining too much power. Montesquieu’s idea of having factions check the power of others allowed totalitarianism or oligarchism from arising in the United States. Although the system was not designed to be perfect (and it still isn’t today-e.g. gridlock), it did allow the transition of the war years to flow more smoothly from a leaderless nation to the concept of a presidency. In James Madison’’s Federalist No. 10, he writes


“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.”


Here, Madison stresses that one man leadership or one group of leadership will precipitate disaster, mostly due to the conflicting self-interests of that leader and that of his nation. Madison instead stresses having a popular majority form of republicanism to take over the foundation of the fledgling US government. Having a popular government, Madison advocates, will allow for the general spirit of good prevail. Although Madison doesn’t stress on how to achieve such an end, the concept of popular government is his main goal for the United States:


“A republic, by which I mean a government in which the scheme of representation takes place, opens a different prospect, and promises the cure for which we are seeking.”


Madison, instead of explaining how to achieve such a cure, explains why republicanism is better than a full on democracy. A republic allows for a small group to elect a leader and make important decisions whereas a democracy attempts to include every citizen of a nation in the embetterment process. A republic triumphs over a democracy because it allows for efficiency and, arguably, more justified decisions.


In his Federalist No. 51 paper, Madison describes the different departments of a government and how each should complement the other. Madison explains how this should work:


“But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches”


The different branches that Madison is referring to is to take the form of government. He argues that although the legislative branch will undoubtedly possess the greatest power, two other branches will be able to check its influence.

“In a single republic, all the power surrendered by the people is submitted to the administration of a single government”


Here, Madison explains that although people surrender themselves to the administrative government, they will be afforded protection and rights and that this exchange is beneficial to both parties, especially when a nation’s population exceeds efficiency.

Friday, August 29, 2014

Why does the American Government Work

Our Government is one of checks and balances. "By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the community." This shows us that even though the American government is not perfect, it works because people do not want it to fail. The American government is so efficient because it is in the best interest of the people to keep our government going. It is said in Federalist 10 that there are two ways of removing mischief and they are by removing its causes or, by controlling its effects. Therefore we have separated our government into three parts; the executive, the legislative, and the judicial. This way we are able to keep each branch in check and prevent them from gaining too much control. This also allows us to sort out our public matters more efficiently. Our government works because of three main reasons and they are, having a variety of views, having three branches of government, and letting our people have power yet still be a centralized government.

Why the American Government works



The American form of government is not perfect; its flaws are increasingly apparent by the budget stalemates and incessant bickering that plagues our legislative branch today. Yet America is still (one of) the world's greatest powers and has trail blazed a method of democracy and freedom yearned for by countless citizens of other countries.

Why has America's government been so effective?


The answer lies with two key characteristics of the American government. One, it is not ruled by violent or powerful factions, and two, it has a system of checks and balances to deter corruption of any one branch.


In his Federalist No. 10 paper, James Madison warns against the threat of factions, which are groups of people motivated by "by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community." He goes on to explain why factions cannot be eradicated (the cost would be higher than the result) and instead puts forth the argument that the next best thing to do is to control their effects. 


Here is where Madison's beliefs coincide with the structure of the American government.

"A republic, by which I mean a government in which the scheme of representation takes place, opens a different prospect, and promises the cure for which we are seeking."
The current American government is a republic, the very one that Madison so ardently swears by. He believes in republics because they depend on a small group of chosen representatives making decisions for the rest of the population.
"The effect of the first difference [between a democracy and republic] is, on the one hand, to refine and enlarge the public views, by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country, and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial considerations."
This "chosen body of citizens" may not be the most perfect humans to be leading the country, but Madison believes in their ability to do what is right for the country instead of their self-interest. In the US today, we trust President Barack Obama and Congress to make the right decisions for us. The idea of putting faith in another chosen body of people to lead and carry out decisions serves as the foundation of the principle of republicanism.

The second (and equally important) reason why the American government remains a functioning entity today is due to its strong system of checks and balances. In Federalist papers No. 51, Madison writes,
"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."
In this quote, Madison argues that a strong, lasting government must separate various powers and ensure that one branch cannot corrupt or undermine another. With a stable political system, the government is able to function more effectively than most governments in the world through its assurance of peace and order. This system of checks and balances was designed to withstand the test of time. Consequently, it is still a part of our government and also explains the effectiveness of it today.


Why Our Government Works

James Madison argues in his paper Federalist Number 10 and in Federalist Number 51 the importance of a republic, despite the many flaws it has, for a republic is the only achievable way to govern the new country was through a representative, unifying government with separation of branches that work toward justice. 
"There are again two methods of removing the causes of faction: the one, by destroying the liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests."
Despite all attempts, a large body of people will never have a unanimous opinions, due to varying self interests and beliefs. The only way that could ever be possible is if their freedom is taken away or if by some chance they all have the same beliefs, an instance that is almost impossible. Madison acknowledges these flaws, but states that all governments are going to have this problem, but that the only way we can fix it is through working toward the same goal of a unified government. If people understand that matters will not always go their way but decisions are made working toward the same goal, we will have a more cohesive and unified country. 
"In the first place, it is to be remarked that, however small the republic may be, the representatives must be raised to a certain number, in order to guard against the cabals of a few; and that, however large it may be, they must be limited to a certain number, in order to guard against the confusion of a multitude. Hence, the number of representatives in the two cases not being in proportion to that of the two constituents, and being proportionally greater in the small republic, it follows that, if the proportion of fit characters be not less in the large than in the small republic, the former will present a greater option, and consequently a greater probability of a fit choice."
The way to achieve this representative government is through a representative body, of which is large enough to address the majority of the people, but small enough where they are not too overpowering. Through executing this idea, the representative will appease the people of its state, and still work with the nation to achieve national goals, and support the Federalist. 
Because there were always be factions, and disagreement between the American people, the only way to progress is to control the outcomes not the causes. It is because we realize this that the American government works. The government tries its best to appease the majority of the people through debates, laws, and the representatives that make the people feel like their interests are being heard and are trying to be met. Our nation understands the importance of giving up self interest for the national gain, and are able to look past that for the goals of the country. As long as everyone is appeased with the attempts if not the success, the government will work. 
"It is equally evident, that the members of each department should be as little dependent as possible on those of the others, for the emoluments annexed to their offices. Were the executive magistrate, or the judges, not independent of the legislature in this particular, their independence in every other would be merely nominal. 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. "
Madison argues for a complete separation of branches for a functioning government. This is because separate branches with separate ways of getting elected will cover the majority of people's interests with no one party being too powerful, which could lead to corruption. This is also a system of "checks and balances" where no branch has the authority to become too powerful without the other two checking their power to assure all needs are being heard, if not met. 
"Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger; and as, in the latter state, even the stronger individuals are prompted, by the uncertainty of their condition, to submit to a government which may protect the weak as well as themselves; so, in the former state, will the more powerful factions or parties be gradually induced, by a like motive, to wish for a government which will protect all parties, the weaker as well as the more powerful."
America was found on the basis of freedom, and every country should work for justice. It is imperative for the United States to work for the good of all the people. If any party, group, or person were to be oppressed by the majority, the government has failed to meet the needs of the people. The government's job is to assert order and fairness, so that all groups can be protected. 
The American government works because it meets the needs of all the people through its representative government that hears all opinions, while still keeping in mind the goals of the country. With our three branch system, no group will become to powerful and resort to authoritative control that no longer protects all people. Our country was based off freedom and justice, and while we still are putting those ideals above all else, the government will be a fully functioning power that receives its worth from the support of the people. 

Why does the American form of government work?

First of all, the different factions in the US create different views on topics. Instead of being a one minded state, our government takes many ideas from different factions. Our government has multiple options to solve one problem. Second, even though our government is centralized, it still gives minor power to the state government. It also lets the US citizens vote for government officials, so the citizens get the best representation. Third, the government is divided into three departments. Each department is dependent on each other, in order to make sure that one department doesn't gain all the power. While it is split up, our government is unified and centralized, meaning that a lot of power is put in those departments. If we don't like how the government is handling our grievences, then when election times come around, we can elect new members of congress, or a new president.
Our government works because of those three ideas: different factions create diversity in views,  give power to the people while still maintaining a powerful centralized government, and our government is split up into three departments.

Section: It could never be more truly said than of the first remedy, that it was worse than the disease. Liberty is to faction what air is to fire, an aliment without which it instantly expires. But it could not be less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency.

Madison is saying that we cannot control the effects of the factions because that would be an infringement on their liberty. But in the end of this article, he argues that we have to control the effects of the factions without making the government a uniform government. He is saying that factions divide the government and split up opinion. To have a strong state we must remove this.

Section:In the extended republic of the United States, and among the great variety of interests, parties, and sects which it embraces, a coalition of a majority of the whole society could seldom take place on any other principles than those of justice and the general good; whilst there being thus less danger to a minor from the will of a major party, there must be less pretext, also, to provide for the security of the former, by introducing into the government a will not dependent on the latter, or, in other words, a will independent of the society itself.

Since there are so many interests, in a republican society the coalition of the majority cannot side with anything other than justice or good. The majority shouldn't be dependent on the minority, and it should be given more power in government.


The Federalist Articles: Numbers 10 and 51

No. 10
"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."
In this article, the authors are claiming that the reason democracies and republics have failed in in the past is because of this "instability, injustice, and confusion" that stem from the public councils. The article goes on the explain how the republic in America will work to counteract these "mortal diseases". This seems to me a vital step in the formation of a strong and relatively centralized government: addressing the mistakes that have arisen with the same form of government before.


"In the extent and proper structure of the Union, therefore, we behold a republican remedy for the diseases most incident to republican government. And according to the degree of pleasure and pride we feel in being republicans, ought to be our zeal in cherishing the spirit and supporting the character of Federalists."

This "republican remedy" seems to be balance in numbers of representatives and fair elections of these representatives. I recognize this as the vague beginnings of the electoral college system, with the masses electing representatives and the representatives voting for legislation in the popular interest of those from their correlating state. In the final words of the article, it states that Americans should support the creation of a strong government and those who create it.


No. 51 

"In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself."
The article largely discusses the idea of balance and check of powers between the different branches of American central government. In this passage, it is pointed out the difficulty in conceiving a system of governmental representation that both controls the people and controls itself. The American government does this by creating branches with check each others power and ensure the proper balance is maintained, therefore controlling itself, while still being strong enough to control the masses.

"The second method will be exemplified in the federal republic of the United States. Whilst all authority in it will be derived from and dependent on the society, the society itself will be broken into so many parts, interests, and classes of citizens, that the rights of individuals, or of the minority, will be in little danger from interested combinations of the majority."

This passage supposes that the variety in minority groups will be so great that they will be safe from the direct influence of the majority. This is a more abstract concept, but I feel like what it is trying to accomplish is that there is no single minority which the majority could influence r oppress, but rather a complete stratification of social interests, which protects individuals' right to individual opinion.




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 10th 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 51st 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.