Factional Control and Its Solution

Lucas Rosen

Ms.Gordon Per.2

10/6/15

Separate Powers and Factional Control

Factional Control and Its Solution

The American Constitution is a renown document throughout the world. Without this important piece of history America would not be the country it is today. This constitution has faced many difficulties. None were more challenging that its conception, its ratification by the colonies. In 1787 the Constitutional Convention was held. This Convention was a gathering of the representatives from different colonies in order to create a stronger federal government. Through-out the Convention many problems and disagreements were faced and overcome, but none was a big as the ratification debate. Anti-Federalists challenged the Constitution by saying that the government would have too much power. After much arguing, both sides, Federalists and Anti-Federalists, reached a compromise creating a separation of power. The separation of power blocks factional control of the government by introducing a system of intricate checks and balances.

Originally the theory of the separation of powers comes from a french theorist by the name of Montesquieu. His theory says that “government could be controlled by dividing it among separate branches rather than investing it entirely in a single individual or institution” (Patterson, pg.38). Montesquieu's theory served as the basis for dividing our government into different branches, but the framers of the constitution did not feel this was adequate. They needed to improve upon it in order to prevent one branch from gaining too much control. So a system called checks and balances was created. This system placed limits on each branch of the government in order to evenly distribute power and create a co-dependency of the separate branches.

The system of checks and balances did not have all the Anti-Federalists convinced that a strong federal government was a safe practice. The Federalists realized that they needed to show the Anti-Federalists how necessary a strong but balanced federal government was. The strongest argument was put forward by three Federalists (James Madison, Alexander Hamilton, and John Jay) in a series of essays that have come to be known as The Federalist Papers. In Federalist Paper No. 10 James Madison turns the Anti-Federalists argument on its head. The paper was about how in the colonies’ republican governments the majority had a overwhelming power over the minority. He also expressed how the oppression of minorities was no better than being oppressed under a monarchy. This argument allowed Madison to demonstrate how in a strong federal government with checks and balances no one part of the government could gain control over other branches or purposely oppress the minority.
The Constitutional Convention sparked many great debates and created many great compromises. However, the Federalists were the winners of the Convention. Without that we would not have our constitution as it stands today. All the framers of the Constitution were able to create something neither side could have done on their own; a system of checks and balances for our branches of government. The theory of separation of powers has become a reality. This system has successfully blocked factional control and allowed diverse american voices to be heard.