papers 47 48 51 n.
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The Federalist

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  1. Papers 47, 48, 51 The Federalist

  2. Constitutional System • Formal authority is restrained • Fragmentation of authority • Government cannot control all sectors of human life • Madison • 1787-1788

  3. Federalist 47 • They said we did not separate powers • No separation would be aweful for government, but the claim is not true • Montesquieu is the authority on separation • The idea of checks is within the divisions • Even the strongest criticisms from MA have been addressed

  4. Federalist 48 • If there are not checks or overlaps of power this government will not succeed • How to limit encroachment of government is the toughest task • The legislative body is the toughest to control • In other governments the executive is dangerous, but in this one the people take on the legislature • There is a broader role to the legislature and a narrower to the executive

  5. Federalist 51 • If man will fail, how can we assure separation? • Each department has its own will and its members are independent • Independent in position and pay • Human nature says people need controlled, but so does government • People must serve in order to check government power • Since the legislature is the toughest to control and by nature has the most power, it must be split into two bodies