James Madison: Seeking Balance of Power Through Mutual Relations - Paper Example

Introduction

James Madison attempts to seek a method of partitioning power within the branches of the government as laid down in the constitution. Madison found the use of external provisions to partition power as inadequate, as this method would undermine the interior structure of the government. Therefore, Madison suggests that the branches of government should use their mutual relations to keep each other in check. Madison insists that the separation and distinct exercise of the different powers of government is essential to preserving liberty because the branches of government should have their own will and have little input/influence over the appointment of legislative members.

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Madison also warns that without this separation, a gradual concentration of several powers into one branch of the government would take place making external encroachment easy. Apart from defending the branches of government from external attacks, the separation of powers would also limit the government’s capacity to attack others. Madison also insists on the use of controls (either internal or external) to partition power because the government must control the governed then control itself. Madison suggests the division and arrangement of the offices of government into separate branches so that they can keep a check on one another, and the individual interests of each legislator work as a watchdog over the public interest.

The members of each branch of government should minimally depend on members of other departments for the compensation linked to their offices. If the magistrates and judges are dependent on the legislature in terms of compensation (salaries), then their independence in other sections remains questionable. James Madison advocated for a federalist system of government where the portioning of power trickled to smaller units of the government instead of a central body, which wields all the power. Federalism gave Madison great zeal because it offered a cure to the problem of consolidating power to one body and the failure to protect individual liberties at the expense of majority groups.

The different social classes have different interests; therefore, when the majority unites under a common interest, minority groups would suffer. To avoid oppression from the majority against the minority, governments could either create a will that exceeds that of the independent majority (such as a hereditary or self-appointed authority) or by dissolving the description of a ‘majority’ group in society. The federal system of the U.S government uses the option of dissolving the majority group; by breaking up societal structure into many interests, parts, and social classes that the combined interests of the majority do not affect the rights of individuals or minorities. The government achieves this by safeguarding civil rights as much as it defends religious rights. Furthermore, Madison reiterates that the popular form of government does not offer the security of rights that the federal system of governance provides. The federal system unites a large society within a practicable sphere, easing the process of self-government.

Thoughtful Summary/ Relevance in Today’s Political Environment

The fears James Madison had for the failure to partition power are clearer amidst the Covid-19 pandemic because some people feel some attacks on their freedoms and liberties. During the global pandemic, governments imposed measures to curb the spread of the virus, including lockdowns, curfews, and mandatory mask-wearing. However, some people feel that these measures infringe on their rights, for instance, curfews and lockdowns hinder the right to protest or peaceful assembly. If these directives came from a central body that held all the power, civilians would feel that the government purposefully infringes on their freedoms. However, with the separation of powers under the federalist system, every branch of government plays its distinct role in safeguarding the rights of individuals. The judiciary plays its part in punishing offenders while the legislative makes and passes laws relevant to protecting the rights, freedoms, and liberties of individual citizens. The federal government also allocates powers to the governors each state (the state governments) to take part in administrative duties; therefore, partitioning powers fairly to dissolve the ‘majority’ groups and serve everyone equally.

References

Madison, J. (1788). The Federalist No. 51: The structure of the government must furnish the proper checks and balances between the different departments. Independent Journal, 6.