Thursday, August 27, 2015

why does the American Form of Government Work?

Katherine Mumm, Period 5
When discussing any form of government, it is important to look at the basics of its functions. The American federal government has many functions, including centralization of currency, control of the military, and the ability to pass laws. However, one fundamental and primary function of the American government is the ability to control the population and maintain order where chaos could ensue.
James Madison discusses this function in his Federalist Article No. 10. He recognizes the presence, and danger, or factions in an unchecked society. He says that in any area there are two fundamental factions, "those who are creditors, and those who are debtors." When discussing these two groups, it is so often that they fall under a "like discrimination", where the majority will oppress the minority if they can, and the minority once it becomes the majority will proceed likewise. Madison continues to describe how there can never be a "small democracy" if those who are in government want to "cure the mischief of factions" and their ability to leave the country in shambles. He says that in order to help rid the faction's power of oppression, we must control their effects, and his proposition is a republic. This republic would consist of a couple people designated to have a larger impact over the states, and would therefore be able to effectively control the effects of the factions formed in each state.
The reason this sounds so familiar is because our government has a similar approach to the power of the republic (now called the senate and house of representatives). Because we have a hierarchical approach to government, where the federal government can overrule the state government, and the states can pass laws to control the people, then we see a system put into place where any factions formed can be controlled.
While speaking of structure, we see another article, no. 51 by Madison come into play again. In this article, Madison chose to discuss how there could be two possibilities for a strong centralized American republic. "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 government into distinct and separate departments." - James Madison, Article no. 51.We will focus on the first, because it pertains to our governmental structure today. Here Madison describes the republic being divided into "distinct and separate departments". This is a key idea of Madison's because at the time the people were most afraid of a dictator coming up and ruling over the people once again. Here we see that the separation of powers will allow for no usurpation, and therefore no rising up. This relates to the previous argument of a republic to control factions, because again it focuses on the control of the effects of powerful political parties in America. This segways into why the American Federal Government has been moderately successful through the years; our government is able to maintain control over our groups and prevent any one powerful political party from taking over and creating a dictatorial nation. Overall, we have maintained control over our factions and created a government where usurpation of power is practically impossible, which in terms of the goals for the colonists is a huge success.

Why does the American form of government work?

Why has the U.S. government been successful in maintaining a republic? The answer lies in the ingenious founding fathers, who at once recognized the importance of liberty balanced with the importance of a strong but just government, and laid out a plan that has been in use for over 200 years.


In Federalist Essay #10, Madison explains that form of government best-suited for America is a republic. He begins by stating that in any society, there will always be “factions” of people that are united “by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” He states the importance of creating a system of government in which factions can be either be prevented from gaining traction or effectively managed so they do not dictate measures that would only be of interest only to their own members. Madison explains,
“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, . . . a landed interest, a manufacturing interest, a mercantile interest, a monied 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.”
Society should not be influenced by a group of people acting only in their own interests, but it is impossible to stop these groups from forming. Madison proposes that the only way to manage the factions is to their effects.
The way this is achieved in today’s constitution is in a representative form of government where different factions are checked against each other, attempting to prevent either one from gaining complete control over the country. If in one state, there is a “rage for paper money, for abolition of debts, for an equal division of property, or for any other improper or wicked project,” it will not spread to other states like a fire, but instead remain in only one.

Federalist Essay #51 focuses on the necessity of a system of checks and balances in America’s government. The importance of this system arises from human nature to act in one’s own self interest if one has the power to do so, as is addressed in this excerpt:
“Were the executive magistrate, or the judges, not independent of the legislature in this particular, their independence in every other would be merely nominal … Ambition must be made to counteract ambition … 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.”
This general idea was recognized in a variety of ways by different philosophers before the time of Madison. How it was argued differs, but most agree upon one thing: because of human nature to act in self-interest, a government is necessary. Baron de Montesquieu, answering the question of how to ensure the government does not abuse its power, wrote of the system of checks and balances, which is in use in our government today.
Madison adopted this solution in his essay, explaining that in American government, “each may be a check on the other; that the private interest of every individual, may be a sentinel over the public rights.” In this way, each section (legislative, executive, and judicial) should have power over the other two, and in return, the others have power to keep it in place, preventing any one section from becoming too powerful.


Much like Essay #10, which explains the importance of preventing any faction from gaining control over the country, Essay #51 focuses on preventing individuals from gaining too much power and therefore abusing it by acting selfish. Both essays also point out that these measures are necessary because humans inherently act thinking of themselves instead of others. The systems mentioned in these essays are crucial to the success of American-style government today.

Why does the American form of government work?

In Federalist 51, James Madison writes:


"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."


As demonstrated in America, its government adheres to an efficient system called Checks and Balances. The purpose of checks and balances is to ensure not one branch of the government can allot more power than the others. After seceding from the British empire, the fathers of our government did not want to repeat mistakes made by the British. Witnessed by the colonists, the British government was too powerful and able to impose taxes and laws at will, violating the natural rights of the Americans. When the power surrendered by the people is only given to a specific group of people, it is likely that they abuse the power. This can be seen in monarchies and totalitarian regimes. To counter this, the Americans created a division of government, where power was spread out among 3 different branches, each with a separate job. Then from there power is then distributed among departments and districts. Coupled with this division of government, checks and balances makes sure that not one branch has too much power by giving each branch authorization to action if they feel a branch is dominant . For example, the president-part of the executive branch-can veto laws passed by the congressional legislation. Similarly, the legislative branch can pass laws over president’s veto and remove the president from office. If the any law passed by the congress is unconstitutional, the judicial branch can repeal it. This circle power checking assures that the power of the people is not misused.


In Federalist 10, James Madison writes:


"It must be confessed that in this, as in most other cases, there is a mean, on both sides of which inconveniences will be found to lie. By enlarging too much the number of electors, you render the representatives too little acquainted with all their local circumstances and lesser interests; as by reducing it too much, you render him unduly attached to these, and too little fit to comprehend and pursue great and national objects. The federal Constitution forms a happy combination in this respect; the great and aggregate interests being referred to the national, the local and particular to the State legislatures."


This section of Federalist 10 address the problems with fulfilling the interest of the people among the government. James Madison explains that if a government enlarges the number of voters too much, then the government will not be able to satisfy the interest the people at the local level. However, by reducing the number of electors, this small group of people do not have the right and say to make decisions at a national level. In America, a balance between the two situations is found in the constitution. There is a State Legislature, that works with the interest of the locals, and there is the Federal Government, the body of government that makes decision at a federal level. Again, a division of power can be witnessed, this time, allowing the government to take note of the both particular interests and great interests. While the American government is not perfect, its division of power allows it to be efficient and at the same time, justifiable.

Why the American Government Works

Over the course of history one can read about many great empire and civilizations that ultimately fell apart not because of foreign aggression, but simply because their systems of government were not necessarily designed to maintain stability. After the War of Independence the Americans were pleased since they had finally been granted their independence. Nevertheless, they soon learned that becoming an independent nation would present a lot of challenges that they had to overcome. The biggest problem they faced was having to construct a central government that was strong yet flexible. Against all odds the Americans were able to pull this off, and by studying history one can understand why the government we have works efficiently. In order to find the answers and the reasons as to why it works,one can read the Federalist Essays.

In the Federalist Essay No. 10, which is one of the most famous of all the eighty-five essays, James Madison eloquently describes the two big differences between pure democracy and a republic. According to him, the first difference is that the delegation of the government in a republic is given to a small number of citizens elected by the rest.

In his essay he states, "The effect of the first difference is, on the one hand, to refine and enlarge the public views, by passing the through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country, and whose patriotism and love of justice will be at least likely to sacrifice it to temporary or partial considerations ... ."

One of the reasons as to why Madison believes in the strength of the republic is delegation. In his mind no matter how big or small a nation may be representatives are needed to represent the voice and the opinions of a certain number of citizens. It is the only way in which the local interests can be communicated to the legislatures. However, the key to make this system work is to make sure that each representative is representing a proper amount of citizens. Otherwise, the representatives will be either less acquainted with local circumstances or unfit to comprehend and pursue the national objects.

The second difference would be the great number of citizens over which a republic may be extended.

James Madison points out that when you "Extend the sphere and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens ... ."

In other words, by extending the territory that exists under the rule of a republic the intensity of conflicts that might exist between factions will decrease. Therefore, everybody will voice their opinion and nobody else would have the power to infringe upon their rights.

Later, in Federalist Essay No. 51 the author explains two concepts that can be applied to the federal system of America in order to make it work.

First he states that "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 government."

Here the author is referring to a concept we now know as checks and balances. One of the biggest issues that existed at first was finding a way in which no institution would become too powerful and outweigh the others. By making sure that each institution haves a reasonable amount of power not only would the three institutions work together in unison but the people would reap the benefits as well. By living under the rule of a stable government the people would be able to feel as if they were being represented adequately and that the power they had surrendered is being used in a proper manner.

After that, the author also writes that "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."

Just as in a republic the government is divided into different parts, the society it rules is also divided into different groups that have different interests from one another. By keeping one part of society safe from the attacks of other parts of society one can ensure that each part can chase their own interests freely. In a republic it is possible to maintain a balance of power between the different parts of society just as it is possible to maintain a balance of power between the three branches of government, and that is why, according to the author, why a republic can be such an efficient system. This was also the second point that was brought up in the Federalist Essay No. 10.

Why does the American government work?

https://docs.google.com/a/mvla.net/document/d/13Oez2vYPRQzvqkgwqcLE8N0wAaNZjriV5F0WnX5T910/edit?usp=sharing


Why Does the American Government Work?

Why Does the American Government Work?
Federalist Essay #10
This essay states that the constitution would prevent any faction from gaining too much power and being able to rebel, and serve for themselves and not the greater good. Rebelling is not always the beneficial to the common goal, which is to create a fair society for everyone, so they wanted to stop people from having an immediate reaction of rebelling when they are mad. This was a focus due to the recent rebellion of the time called Shay's Rebellion which proved the articles of confederation were not good enough. Another reason this essay says the constitution is a good thing is because the constitution addresses property rights. 
Federalist Essay #51
A common worry of the people was that the government would find a way to subdue a minority group, however the author states how this is impossible through the constitution. Due to the size of the nation, there is a very diverse group of people, which would lead to a diverse legislature, which would mean there would be a minority from each group in the government so they wouldn't be able to oppress one minority group. People's concerns that the government will get too much power and turn into a tyranny is addressed in the constitution with the separation of powers. There are 3 branches with equal power, and they each have to check on a each other and approve things by a system called checks and balances. The branch with the most power, legislature,  is separated into 2 more branches after that called the house and senate. This is one more precaution to stop the government from going out of control, plus the house and senate have different ways of getting representatives. 


American Government

Article 10

"Complaints are everywhere heard from our most considerate and virtuous citizens, equally the friends of public and private faith, and of public and personal liberty, that our governments are too unstable, that the public good is disregarded in the conflicts of rival parties, and that measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority. "

One of the main reasons businesses flourish is due to customer feedback. The same goes for the government of the United States. When the government makes decisions affecting millions of people it doesn't due it without the consent of the majority of people otherwise it would be impeached. The problem with this system is that all kinds of people have all kinds of complaints and often a certain issue has many different perspectives which causes it to be hard to make a decision. When this happens Madison is explaining that the superior force and majority of people influence the decision and the minority is left on the sidelines without a say.

Article 51 

"There are, moreover, two considerations particularly applicable to the federal system of America, which place that system in a very interesting point of view. 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."

This section is particularly very interesting for me because I never saw the point made in this paragraph the way they were portrayed. The argument is that by having a state government and federal government that doubles the chances of the rights of citizens to be protected and guaranteed.