Paper47

Summary: This paper examines the separation of powers.James Madison agrees with his opponents, the Antifederalists in this paper, on how important the separation of powers are. He also agrees that if power is not divided equally, freedoms can possibly be lost. He explains that excessive power in one branch of government is not what he is trying to support, despite the belief of the Anti-Federalists. He describes the policy of one branch having all of the power as "the very definition of tryanny". Madison questions how separate each branch of government should be, yet he also explains the separation of powers are vital to keep freedom alive in the United States. Main Objective: Publius was trying to depict to Anti-Federalists that he agrees with their fears against loss of liberties and strongly supports a equal separation of powers. Strongest Argument: Madison’s strongest argument was when he claimed that one branch having all of the power is "the very definition of tyranny". Opposing Arguments: Anti-Federalists claimed that the three branches are not quite separate and independent enough. They also claimed that power was not evenly divided throughout the branches. Flaws In Anti-Federalist Arguments: 1. They claim to be against branches yet they do not claim HOW separate or HOW independent they would rather the branches be. 2. They do not claim HOW they would like the powers of the branches to be divided. AND 3. They express the reasons they do not like the ideas of this Federalist Paper yet they do not list ways they would be more satisfied with it  Examples Throughout History -1937: Franklin Roosevelt’s New Deal expanded judicial power by increasing the number of justices on the supreme court -Early National Period: Judiciary branch was the weakest of the 3 branches so Cheif Justice John Marshall introduced Marbury vs. Madison and declared an act of congress unconstitutional. This greatly strengthened the Judicial Branch. -Prior to Civil War: court case of Dred Scott vs. Sanford established judicial review which even further strengthened the Judicial Branch. Events and issues have shown that people and policies may stray from the intentions of Publius, yet the argument was still correct and proper, because since the Constitution was ratified there has not been a tyranny, which was the Anti-Federalists' biggest fear and argument.