Why the American Form of Government Works

The American form of government was the first one of its time, a bold experiment in a traditional world. Some time after gaining independence, James Madison, John Jay, and Thomas Jefferson wrote about the need to adopt a formal constitution for the governing of America. After all these years, our system of government has persisted and thrived. It has not been without its shortcomings and challenges, but it still stands as a symbol of our hard-earned freedom. What has allowed the Constitution to remain for so long a foundational document of American government? And what are the reasons why it fundamentally works?

The Federalist Essay #10, by James Madison, raises an important concern about the ability of the American government to handle discontent in minority or majority groups-what he refers to as "factions". He begins by maintaining that factions are an inevitable and naturally occurring part of a nation:

The latent causes of faction are thus sown in the nature of man; and we see them everywhere brought into different degrees of activity, according to the different circumstances of civil society…But the most common and durable source of factions has been the various and unequal distribution of property. Those who hold and those who are without property have ever formed distinct interests in society. Those who are creditors, and those who are debtors, fall under a like discrimination. A landed interest, a manufacturing interest, a mercantile interest, a moneyed interest, with many lesser interests, grow up of necessity in civilized nations, and divide them into different classes, actuated by different sentiments and views. The regulation of these various and interfering interests forms the principal task of modern legislation, and involves the spirit of party and faction in the necessary and ordinary operations of the government.

If factions are indeed a part of every society, then there must be a method used by the government to control and prevent these factions from becoming out of control. Madison gives several examples of ideas that would aim to fix this problem, but will ultimately fail. Interestingly, he explicitly states that a true democracy will never work:

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. Let us examine the points in which it varies from pure democracy, and we shall comprehend both the nature of the cure and the efficacy which it must derive from the Union.

The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; secondly, the greater number of citizens, and greater sphere of country, over which the latter may be extended.

It would appear that Madison does not believe a democracy will not work in America, or any country for that matter, because of the large scale which it would require. One could see how this would become complicated, with every single different viewpoint of a United States citizen in play. Instead, Madison proposes a republic, differing from a democracy in the fact that the power to make governmental decisions lies in the hands of a few elected representatives. In this, we see how the American government works today-citizens vote to choose people who they trust will make the right decision. This way, there is more stability and less chance of complications happening. It is this that has made the republic system of government flourish in America and exist for so many years.

In the Federalist Essay #51, Madison explains the other key aspect of American government which allows it to be successful-the checks and balances system. Madison thought it crucial to include this portion:

The only answer that can be given is, that as all these exterior provisions are found to be inadequate, the defect must be supplied, by so contriving the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places.

Madison begins his paper by outlining the need for the checks-and-balances system. Not going into specific details, he explains why the system he has described is important and what it means for the American governmental system.

It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. 

The most important reason a checks-and-balances system is necessary to include in the American government is the protection it provides the people. The checks of the other branches prevent one branch from becoming too powerful or harming the people in any way. The American form of government works because of it being a republic and the checks-and-balances which promote a fair and just government for the people.

A Government's Survival: How it Continues

Our modern concept of the sovereignty of a country derives from the presence and ability of a government to maintain that sovereignty. While we may instantly think of countries are exceptions, namely Somalia and Libya, their faltering international rights are continually upheld by the efforts of other governments working towards a peaceful settlement. We regard the national governments of sovereign nations to be the standard of ability of countries and to act as the link between the goals and practicalities of the country. However, none of this says anything about how the United States form of government works. The brief answer to this, is that it works because we will it to through our efforts and our own personal actions.

American efforts to defend the minority from the majority are eloquently argued in Madison's Federalist 10, which states, "When a majority is included in a faction, the form of popular government, on the other hand, enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens. To secure the public good and private rights against the danger of such a faction, and at the same time to preserve the spirit and the form of popular government, is then the great object to which our inquiries are directed." When faced with the issue of majority rule and minority rights, Madison responded that the Republican system will best protect the minority from the whims of the majority, unlike in a fully democratic system. This ideal will be upheld in the Republican form of government that emerges from the Philadelphia National Convention in the 1780's.

However, the 1780's were a long time ago and it may seem that the modern standing of our political system is destroying the very system it has sworn to defend. We have two major parties that gridlock in the executive, legislative, and judicial branches, denying the other any progress for their respective agendas. Madison's Federalist 10 fought the idea of any kind of faction or sect being able to gain enough power to control enough of the country. It states,  "The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States. A religious sect may degenerate into a political faction in a part of the Confederacy; but the variety of sects dispersed over the entire face of it must secure the national councils against any danger from that source."

Madison argues that it is the duty of other factions and sects to fight those that dominate and commandeer great power in their home regions. Yet if we take a quick reflection, it would seem to appear that we have failed on both aspects of Madison's writings. The United States' failure to uphold minority rights by only playing to the two majorities, both of which supposedly fail to overpower the other, appears to demonstrate our failure to uphold the basics of majority rule, minority rights.

While it may seem this way at first, our two party system does in fact protect both its minority parties as well as prevent abusive sects from dominating, just not in the way originally imagined. The Democrat-Republican gridlock has been lambasted by every single American for being inefficient, and it is, but it continues to display some aspects of what Madison was arguing in Federalist 10. Each party has its fringe voters, and many of these abusive fringes are ultimately denied power in government as a result of the larger factions gaining enough popular support to prevent their rule, but still maintain their rights and liberties as a politically dissenting minority.

The split in our government brings the arguments back to Federalist 51 where Madison writes about the powers and balances of the United States government. On the idea of the sovereignty of each branch, he writes, "In order to lay a due foundation for that separate and distinct exercise of the different powers of government... 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." This is a very clear demonstration of Madison's wishes to separate the branches and keep a system of checks and balances very strong. A tradition of strong branches has continued through our history to enable our modern government to function.

But he believes all must be given power so that neither will be taken over, for all to have the same power is to give power to none. Madison sees this and establishes the legislative branch as the most important of the government of the republic. He writes, "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." Even within the most powerful branch itself, Madison argues that there must be another balance of power between minority rights and majority rules within the legislative branch.

But to many of us, it seems as if none of these work and our country is a broken place here our approval for Congress is lower than 16%. We see smaller minority having disproportionately loud voices that do not represent the will of the people as well as a political gridlock in which all branches collaborate to aid the others in their fight against the other party. So despite all of this, why does our government still work?

It is our two party system that maintains the government and ideally would bring this country to the best course of action through political compromise and rational debates. However, our system is becoming increasingly polarized and this ideal view appears to be faltering. Our government survives and works because our history has involved our government overcoming its obstacles and thriving. We have consistently maintained the Senate as a floor for the rights of the minority and the house as a semi-representational floor for the rule of the many. Each has its own power to prevent cross over and merging. But with the rise of mass media and instantaneous communication, the government enters a new age where it must be prepared to overcome its obstacles as our government has previously done.

We have always upheld our values as a republic, and while at times it seems we have failed in these goals, we maintain our role as the world's strongest world power and semi-international police. We must uphold what Madison argues in Federalist 51, "It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Different interests necessarily exist in different classes of citizens. If a majority be united by a common interest, the rights of the minority will be insecure. There are but two methods of providing against this evil: the one by creating a will in the community independent of the majority -- that is, of the society itself; the other, by comprehending in the society so many separate descriptions of citizens as will render an unjust combination of a majority of the whole very improbable, if not impracticable." We have allowed for there to be independent ideas and organizations who exert their own influence. Our societal good has often prevented the worst from ultimately exploiting, but there are faults in the inability for us to separate our social good from our protection of all ideas. As one side has gained power, the other has united to defend their interests, and while this has prevented the majority from compromising the rights of the minority.

The two party system may not be the ideal system, but it prevents a multi-party system which has been shown to have many abuses of minority parties who take advantage of their splintered opponents. By encompassing many smaller beliefs and negotiating them into larger parties, we have polarized some portions of our society, but we have also prevented these smaller beliefs from fracturing and crippling the will of the majority. Our government continues to work because while our approval ratings are at rock bottom, we still participate in local matters and argue for what we believe in. Those who participate are often those who wish to make a difference, but it is up to us to keep these men honest. Our civic engagement keeps the republic alive and it is the people that must keep vigilant for tyranny and abuses of our government so that it may continue to serve the republic by the people, of the people, for the people.

Why does the American Form of Government Work?

In the Federalist Essay No.10 James Madison analyzes the the danger in a society without checks and balances. "With equal, nay with greater reason, a body 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? And what are the different classes of legislators but advocates and parties to the causes which they determine? Is a law proposed concerning private debts? It is a question to which the creditors are parties on one side and the debtors on the other. Justice ought to hold the balance between them." He argues that in a society there has to be a balance in government itself and between the government and the people. He says that we must keep the government in check because if we do not, the country can be left in ruins with absolute injustice at every corner.

In the Federalist Essay No.51 Madison reiterates separation, more in government. "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." Madison also states that there will always be factions in government (a state of disorganization or chaos). The only way to fix these disorganization is to have more factions. By this he means that no one problem will ever get big enough to make the people want to overthrow or "fix" the government.  

Why does the American form of government work?

    In Federalist Essay no. 10, James Madison argues that through the constitution, factions would not be able to gain power over a minority. Madison's main purpose was to create a fair society, where everyone's voice/ needs would be satisfied. This was important since the protests of Shay's Rebellion in the late 1700's, imposes James Madison to propose the idea of a Republic; where rebellion would be dispelled. James Madison says there are creditors and debtors implying that the majority will want to rule over a minority and continue doing so. In order to rid the government of oppression, Madison exemplifies a type of Republic. Through this Republic, people would have an impact over the states and contribute. James Madison proposes that there be a form of government where factions are checked on so that no faction can rue over the other, hence control can be maintained. Fulfilling the interests of the people through government was difficult, but Madison proposed that through a state legislature, and a federal government; everyone's needs would be satisfied.
     In Federalist Essay no. 51, Madison makes one of the biggest contributions to the US government today. Madison's main focus was to make sure that power was distributed equally, so that there was no possibility of an uprising of a tyrannical dictator. Madison urges the idea of Checks and Balances. Essentially, what this does is divide the powers of the government into three branches. James Madison proposes that the government's power would become of lesser interest to the people if power was distributed equally. This was the Separation of Powers. The Separation of powers was divided into three branches: legislative, executive, and judicial. The legislative branch is also divided into the House of Representatives and the Senate in order to justify voting and provide equal representation of the big states in comparison to the smaller states with less population.

Why Does the American Form of Government Work?

The Federalist No. 10

1. "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, a body 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? And what are the different classes of legislators but advocates and parties to the causes which they determine?"

2. "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 Federalist No. 51

1. "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. The provision for defense must in this, as in all other cases, be made commensurate to the danger of attack. Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary."

2. "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; 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."

The American form of government works due to its ability to cater to the masses and the states while maintaining order through the three branches.  Because America is a democracy,  members of society are allowed to vote for their representatives in the House of Representatives, their Senators, and the President.  However, they are not individually represented when it comes to proposing/ passing laws, bills, making decisions about wars, and other major national events, allowing the government to have a higher up power, and avoid chaos caused by multiples upon multiples of opinions (Article 10 quote 2).  However, by having the three branches of government that check and balance each other, one person or group is unable to gain control of the government and work for their own personal gain (Article 10/ 51 quotes 1). The government also caters to the states by making the legislative branch split between the House of Representatives and the Senate and electoral votes to please both bigger and smaller states (# 51 quote 2).  The way the Constitution was wrote also provides a strong federal government while allowing states freedom in establishing laws that are not directly mentioned in the Constitution. 

“Why does the American form of government work?”

Federalist Essays  #10

“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.

There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by controlling its effects.

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.”

In this section, it is explained that when a group of a small or large amount of people is formed, and is not cooperating very well with something happening in the community, and decide to act upon it with misbehaviours or rebellion, there are ways to stop this and to decrease it, and that has been by taking their liberty given to them, or give them a common interest in which they can agree upon with the rest of the community to have a common “passion”. That is shown that when there is a small or large group that does not like an idea passed, the government looks for a solution in which can keep most or all of the citizens happy and share common interests, as explained by Madison in the passage above. But, it has been shown that it has been difficult to have everyone on the same page because everyone has different views and perspectives.

“Those who hold and those who are without property have ever formed distinct interests in society. Those who are creditors, and those who are debtors, fall under a like discrimination. A landed interest, a manufacturing interest, a mercantile interest, a moneyed interest, with many lesser interests, grow up of necessity in civilized nations, and divide them into different classes, actuated by different sentiments and views. The regulation of these various and interfering interests forms the principal task of modern legislation, and involves the spirit of party and faction in the necessary and ordinary operations of the government.”

The different classes in which the people come from, depending whether they are rich or poor, or if they have land or not; makes the interest and views of the citizens different. So in that case they have different passions and in what they see to be important. In these types of situations, it is important to have an equal and a well organized, divided government in which can work efficiently , in order to meet most of the interests that the citizens have. The government has been divided into three branches, and work together in order to keep the interests of the people in mind, of those with property and the ones without property as well.

Federalist Essays #51

“ First. In a single republic, all the power surrendered by the people is submitted to the administration of a single government; and the usurpations are guarded against by a division of the government into distinct and separate departments. In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.”

In this section, Madison explains how the different governments control themselves, but at the same they are being checked to make sure that they are the right track, and not making their own and independent decisions that can create a sort of disruption. This is now known as the Checks and Balances, where the other departments, such as the branches, have some sort of influence to make sure that power is not being totally controlled by individuals or groups. Just like in essay #10, this seems to be created so that there is no faction with their own independent passion and interests. Continue to have a stabilized and well organized government.

“This policy of supplying, by opposite and rival interests, the defect of better motives, might be traced through the whole system of human affairs, private as well as public. We see it particularly displayed in all the subordinate distributions of power, where the constant aim is to divide and arrange the several offices in such a manner as that each may be a check on the other -- that the private interest of every individual may be a sentinel over the public rights. These inventions of prudence cannot be less requisite in the distribution of the supreme powers of the State.”

Again, in this section Madison explains how the power is divided and organized in a way that each department can have their own control but at the same time be checked by other departments to make sure that the equal rights of the individuals are protected. As well to make sure that the power is well distributed and balanced and for there not be unbalanced power. This again shows Checks and Balances, and how the different departments in the government are independent and can run things in a way that is equal for everyone, but still keep an eye on each other to make sure that everything is fair for everyone and there is no independent thought that can impact the rights of a citizen.

Why does the American form of government work?

The American form of government is not one simple ordinary orchestrated system that works with minial pieces holding it together. Our form of government is complexly held together by a string of parts that are equally important and without one, the system becomes corrupt and will swing towards the extremes of the political spectrum.

In the Federalist Article #10 by James Madison, he explains about how government can stop the meddling of the different factions.

"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.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."

"The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States. A religious sect may degenerate into a political faction in a part of the Confederacy; but the variety of sects dispersed over the entire face of it must secure the national councils against any danger from that source. A rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project, will be less apt to pervade the whole body of the Union than a particular member of it; in the same proportion as such a malady is more likely to taint a particular county or district, than an entire State. "

James Madison is saying the ways he thinks would help the relationship of the government and the different factions. He believes that the government can either destroy liberty or give the citizens more liberty. He truely believes that it would be really stupid to abolish liberty, which is essential, but it would change the spectrum into a "destructive agency" (or Corruption). His idea of abolishing liberty to the factions, he thinks is logical, but it would not do much good. he calls it a "disease". Madison's two ideas are both ways to remove the factions and their liberties in society, but realize that both ways might not work well in the long term. Removing the liberty of factions will trigger outrage from the people, politcal disputes and also will be creating tyranny. Madison explains how the way the factions will be seperated will stop the uprisings, he says that the seperate factions might be able to start an uprising within a state, but not in the country with all the centralized power in the government. His thoughts will become a better, and bigger state that are stronger than the states.

Also by Madison, Federalist Article #51 talks about how the government needs to be checked in order to prevent a tyranny or assumption of power.

"First. In a single republic, all the power surrendered by the people is submitted to the administration of a single government; and the usurpations are guarded against by a division of the government into distinct and separate departments. In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself."  

Madison also said that "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; 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. It may even 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, that it should be fortified. An absolute negative on the legislature appears, at first view, to be the natural defense with which the executive magistrate should be armed. But perhaps it would be neither altogether safe nor alone sufficient. On ordinary occasions it might not be exerted with the requisite firmness, and on extraordinary occasions it might be perfidiously abused. May not this defect of an absolute negative be supplied by some qualified connection between this weaker department and the weaker branch of the stronger department, by which the latter may be led to support the constitutional rights of the former, without being too much detached from the rights of its own department?"

In article 51, Madison talks about the citizens surrendering their power to be protected by a multi-branch government. The power given by the citizens would be split up so no single department/branch would be able to be too powerful. He realizes that there would be no way to fully make power equal, but he thinks that a system in which all parts and departments would be able to correct each other if they get too powerful. Each would control each other, and it would control itself. His idea is a self sufficient government that relies on each other to create a stable and existing government that would equally be represented and equally powerful. He says that the government itself cannot be equally divided into the powers, but it is able to be self-sufficient and also able to govern and not be too weak. He says that the connection between the branches might be weak, but powers will be able to balance out and protect the equality of the people and the branches of government. He realizes that the government relies on natural defenses. Where the weight of the government and the people be balanced in order for the government to not collide with the public and fall.