Colin Separation of Powers

Colin Baker

AP Gov

9/30/15

A major concern for the framers of the Constitution was political instability due to factions. In Federalist 10 James Madison describes factions as groups of people who gather together to protect and promote their special economic interests and political opinions. Factions are inevitable, for people will always have different economic situations, interests, backgrounds, and political views. Madison claims that there are two ways to control factions: eliminate the causes behind them or control the effects. To eliminate the causes behind factions, liberty of the citizens would have to be taken away which was most definitely not an option. If a single faction was to control the power in a government they would only seek to benefit themselves and the rights of the few would diminish. Madison argues that in a large republic with a representative government factional control is much harder to accomplish because political leaders have to try to appeal to so many people. Through the process of election outlined in the Constitution the voices of factions would be muted.

If powers in the government were not separated factional control would be easy to achieve for one group or person has the supreme power they would either tyrannically rule or the faction of the oppressed would unify and a civil war would be inevitable. The theory of separate powers and more specifically the tripartite system with a legislature, an executive, and a judiciary was originally described by the French Philosopher Montesquieu. Montesquieu argued that the best way to secure liberty and prevent a government from becoming corrupted was to divide the powers of government among different branches who would check each other. Factional control is simply not a possibility in this system for each branch is checked and balanced by the others. Relating to Madison’s argument, especially in the legislature there are so many elected representatives that the factions would be weakened. The representatives have a say in so many issues, factions are diminished for even if two people come from the same socio-economic situation, it is extremely unlikely that they agree upon every issue like abortion, education, gun control, immigration, etc. A separated representative government is a cure to blocking factional control.