Nadav Schoenberg Separation of Powers

Nadav Schoenberg

Federalist Papers

10/2/15

Ap Gov

Gordon 3

When writing the Constitution, the framers were concerned with factions and allowing too much power to be held by a group of people.  In Federalist NO.10 James Madison describes a faction.“By a faction, I mean a minority or majority united and motivated by an interest conflicting with other’s rights or the communities interests.” The framers looked to ensure these interests groups could not acquire too much power and influence. If these people had too much power, America could become more of an oligarchy than a democracy. In order to ensure this did not happen, a separation of powers was put in place in order to block factional control. The framers of the constitution followed Montesquieu's ideology when determining the powers of the government. According to Montesquieu, the judiciary powers should be held by the courts , the legislative powers by the Legislative branch and executive power to the presidency. However Montesquieu's ideas would still make it possible for factions to gain control. Madison explained that if these factions gained too much power, they would use the government  to benefit themselves while other groups suffer. In order to ensure no faction could use the government to their expense, the framers of the Constitution implemented a system of checks and balances.

While a separation of powers is implemented in the constitution a separation of powers was introduced by the framers of the constitution in order to prevent factional power becoming too strong. The system of checks and balances includes a overlapping of powers and responsibilities between branches. These overlappings ensure one branch cannot become too powerful and be influenced too much by factions. While the branches of government are divided, they must rely on each other for each of their duties. For example after congress passes a law, the bill must be approved and signed by the President. Also if decided that the President is not completing his duties with integrity, congress has the right to impeach him. This restricts the Presidency from obtaining too much power. The Americans had just fought for their freedom from a monarchy in the British so they wanted to ensure America had no chance of coming under the rule of one very powerful man who could abuse his powers in order to practice his interests while hurting the general American population. In Federalist NO.51 Madison and Hamilton explain how humans are naturally selfish and power hungry. “It may reflect human nature that some measures are needed to control government abuses….If men were angels, no government would be necessary. This illustrates Hamilton and Madison’s belief that if no checks and balances were in place, greedy, power hungry factions would manipulate the government in selfish ways. In a democracy it is important to ensure that the power lies in the hands of the majority instead of in the hands of a fe wealthy factions.

The separation of power in the American government provides confidence that The United States of America, the land of democracy, will always been governed in a democratic state. By putting a restriction on what each governmental branch can do one group of people ,or faction, cannot manipulate the government for the own interests. The ideas of Montesquieu as well as James Madison and Alexander Hamilton ensure that America will never go back to its monarchical rule under the British. The power will forever be placed in the hands of the people.