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Ensuring Checks and Balances: The Federalist Papers' Insight

Explore the concepts of formal authority restraint, powers separation, and government control in The Federalist Papers 47, 48, and 51 by Madison. Learn how checks and balances are crucial to prevent government encroachment and ensure a functioning constitutional system.

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Ensuring Checks and Balances: The Federalist Papers' Insight

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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

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