Separation Of Power In The Federal Government

Having a government that contains energy, stability and republican liberty might not seem that hard if one of these three ingredients are present, but if two or more are present in government it is where the difficulty begins. It is hard to fit all these three characteristics into one government because they do not blend together. Publius describes the need for energy and stability in the new government while at the same time maintaining the republican liberty. The 1787 Constitution achieves these through a separation of powers between the three branches of the federal government.
Publius argues the necessity of a separation of powers in the new government in order to provide the necessary stability and energy while protecting the republican
liberty. In order to achieve this, he argues that there must be present a separation of powers between the legislative, executive and judicial branches of government. Also, he strongly suggests there must be a separation of powers between that of the States and Federal government. At first, they failed in the attempt to create a republic due to the lack of energy and stability within the government, so it is important to create fixes to these problems in the new government. He describes that shorter periods of appointments and dividing the government among many hands so that the liberty of the people is not offended, they must remain as a source of power for the government. In Federalist papers, #47 to #51 Madison addresses some claims by opponents of what has proposed that it lacks a separation of power.
Montesquieu argument for the separation of powers, “he did not mean that these departments ought to have no partial agency in, or no control over, the acts of each other” (270). In Federalist paper #48, describes how the Federal Constitution provides a defense through a blend of the branches of government. In class, we discuss that in order to make the separation of powers work there is a need to find a way that the legislative branch does not take power from the executive. He provides examples of Virginia and Pennsylvania in which the powers of the legislative were not protected against and the executive branch was usurped by the legislative. In class, we also discuss that there were three important things that prevent legislature to intimidate and control the behavior of the executive which means Congress controls over the President. First, elections which nor the president or the congress can control them, there are elected independently. Second, Salaries which means that there are fixed and cannot be altered, and finally the division of powers and the presidential veto, which it creates two different chambers the house and the
senate. The various branches must provide different powers so that no branch can centralize that power.
Regarding the legislative branch, he suggests that the branch should be split into the two distinct houses with one having more of the dependence and close to the people than the other. As the legislative branch is closest to the people, it is proper that is divided so it limits the closeness with the people. In Federalist papers #52 to #58 the first branch of the legislative, Madison described is the House of Representatives, which it is designed to be the most dependent on the people. “As it is essential to liberty that the government, in general, should have a common interest with the people, so it is particularly essential that the branch of it under consideration should have an immediate dependence on, and an intimate sympathy with, the people” (295). In class, we discuss that the House should be as democratic as possible. It suggests the short durations of powers as to 2 years better than 1, Madison described as safe and useful. The House of Representatives will be watched not only by the people through its direct dependence on them, but also by the collateral branch of the
legislative. On the other hand, Federalist papers #62 to #68 Madison discusses the senate, which serves as a connection between the States and the Federal government as directed by the unamended Constitution. As we discuss in class, the purpose of the senate is achieved either because the senate is a small body, or because it is a stable body, or because it is both a small and stable body. Having a senate doubles the security to the people by requiring the laws to pass by both distinct bodies. It serves as a check on the people, while balancing the representation of the States within the Federal government. The two branches of the legislative provide for stability and energy in the new government by removing the passions of the people and allowing competition within the branches. In class, we also discussed how energy is key and played a very important role in a government. Energy refers to the executive branch, and it is essential when it comes to protection against foreign attacks. In The Federalist Papers #37, Madison suggests that “Energy in government is essential to that security against external and internal danger which enters to that prompt and salutary execution of the laws which enter into the very definition of good government” (223). The power is left in the hands of the President, who is the image of the country and will express energy thru unity, duration, adequate support, and competent powers. Having a single chief executive instead of a plural chief will give you the rapid action as well as it will allow the government to act secretly.
One of the most important issues faced was how to establish a government that was not only energetic but stable as well. This was a huge problem because stability found in a government usually expresses confidence and great national character, so if a government did not have this then it would not be seen as a strong government. Although stability is a major key in a great government, it could also be its downfall. Stability is threatened if there are many people in power. Stability is only achieved through the principle of representation. Liberty is still protected because this type of government is sitting on the consent of the people and the fact that there has been an establishment of short-term positions in office such as those of the representatives, senators, and the president himself.