Without the Constitution, the United States would not be a land of liberty. The Constitution was written in Philadelphia, May 1787. Its purpose was to help shape the United States so that the states and people were held together, without letting any one person, group, branch, or level of government gain too much control. How did the Constitution guard against tyranny? Tyranny is when there is too much power in the hands of one person or group. The Constitution guards against tyranny in four ways which are federalism, separation of powers, checks and balances, and the big states - small states compromise. The first guard against tyranny is federalism which means the division of power between the central and state government. According to James Madison, Federalist Paper #51, 1788 (Document A), “..the power surrendered by the people is first divided between two distinct governments [state and federal]”, and “The different governments will control each other, at the same time that each will be controlled by itself.”. The venn diagram (Document A) shows the powers given to the central government such as “Declare war, make immigration …show more content…
According to James Madison, Federalist Paper #51, 1788 (Document C), “[The three branches] should not be so far separated as to have no constitutional control over each other.”. The diagram (Document C) shows ways the branches can check each other’s power, for example, “Congress can impeach the President and remove him or her from office”, “The President nominates judges”, and “The court can declare laws unconstitutional.”. Checks and balances protect against tyranny because the three branches can check each other’s power to prevent one branch from having too much power. Checks and balances also make sure that each branch relies on each other, as if one branch did not exist, then the system would not work at
In addition, James Madison stated the idea of Checks and Balances and what it will do to the government, “...the constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other... The three branches should not be so far separated as to have no constitutional control over each other.” This statement means that each branch should have a different power, so they wouldn’t have any constitutional control over each other. That makes each branch check on the other branches to make sure they are doing everything correctly. One way that the Judicial Branch can check on the Legislative Branch is that when Congress creates laws, the Court can declare laws unconstitutional because some laws might not be a good idea for the people of the country, so the Judicial has the power to take away the possible law.
Madison writes, “the accumulation of powers… in the same hands, whether one , a few, or many, and whether hereditary, self-appointed, or elective may be pronounced the very definition of tyranny,”(Doc. B). James Madison is not saying that the separation of powers would cause tyranny, but that if they were all together in one government that that would be the definition of a tyrannical government. Document C explains how the 3 branches could check and balance each other to create a better government. In federalist paper #51 James Madison writes, “The constant aim is to divide and arrange the
The United States Constitution allowed there to be a separation of power in the federal government and between the federal government and the states. This is called checks and balances. The person who came up with the idea of checks and balances was Baron de Montesquieu. Montesquieu thought that a government should be separated into little sections so that it won't become corrupt and enslave its citizens to the law. He said that the government is there to serve the people not the other way around.
And the judicial branch has the power to declare laws unconstitutional. Through these various roles of the different branches, the constitution guards against tyranny as each branch has a different job that plays a part in the government. If they all had similar roles, they would become indistinguishable which would result in them overpowering the needs of the citizens which leads to a
As James Madison stated, “The bringing together of all powers, legislative, executive, and judiciary, all led by each other, whether led by one, many, appointed by legacy, self-appointed or elected ” (Federalist Paper #47). Separation of Powers guards against tyranny because it allows all powers to be led together and rule together. The Separation of Powers calls for democracy, in a democracy, it requires many different voices and votes. This guards against tyranny because it is a democracy led by multiple people, so it wouldn’t allow tyranny to occur. As a result, the Constitution tries to guard against tyranny by using Separation of Powers because it is led by a democracy of multiple people and
Checks and balances is a system to keep the 3 branches of government in line and not have too much power over another branch, its like a big game of rock, paper, scissors. An example of how checks and balances were used is like if congress passes a law that the president
“The accumulation of all powers..in the same hands, whether of one or many (is) the very definition of tyranny.” (James Madison, Federalist Paper #47, 1788) ( Background Essay) This quote explains the reasoning for one of the framers, (B) Separation of Powers. The framers of the constitution were created to prevent tyranny and create a stronger government that would hold the nation together. Tyranny ultimately means harsh, absolute power in the hands of one individual-- like a king or dictator. The constitution guarded against tyranny in 4 ways: (A)Federalism, (B)Separation of Powers, (C)Checks & Balances, and (D)Small State-Large State.
The system of Checks and Balances allowed the three branches to have power over one another. They always allow one branch to be able to stop or prohibit a certain action of the other branch. This way there is a balance and one branch doesn’t become too powerful. James Madison did this as he said, “ All men having power ought to be distrusted...” he knew that when power is given to people it would get to their heads and they would misuse it.
It also makes sure that the power between the three branches are equal. James Madison said, “The three branches should not be so far separated as to have no constitutional control over each other.” Meaning that the branches should not be so far apart that they are above the law. One way that the branches can check on each other is for the senate confirming the President’s nominations, this is when the Legislative branch checks on the Judicial branch. Congress can impeach judges and remove them from office.
The final way the Cconstitution protected against tyranny was through the system of checks and balances. They system of checks and balances was made so that one branch wouldn’t become more powerful than another as most of the branches actions could be checked by another branch. For example the legislative branch can impeach a president from office and the congress approves presidential nominations and can override a presidential veto. The judicial branch can declare presidential acts unconstitutional and the president nominates the judges from the judicial branch. This system provided an equal balance amongst the three branches and every detail was necessary for equality here, as James madison explained in one of his federalist papers.
First of all, the checks and balances guards against tyranny because if we don't stay in check someone might gain too much power. This is very bad because then if they have all the power they want they can do pretty much whatever they want. Many people would end up not agreeing to the laws they make this would basically guarantee a tyranny. The next reason is because checks keep a strong government. An example is without keeping check then the government wouldn't be as strong because of having multiple people with power there would only be one.
However, Madison states that each branch will naturally try to have more power than the other. To control this, he explains the Separation of Powers and the Checks and Balances. In the United States, the Separation of Power has their own jobs but cannot function without each other. In addition, he mentions that this type of system needs to have Checks and Balances; each branch has a check on the other two and doesn’t allow the branches to trample on each other. This type of system has protected liberty and battled oppressive government.
The Checks and Balances are the ways that the three branches of government check each other to make sure each one doesn’t go crazy with power. Legislative Branch checks the Judicial Branch, Judicial Branch checks the Executive Branch, and the Executive Branch checks the Legislative Branch. (Document C). This helps guard against tyranny because each of the branches can check the other one to make sure the branches don’t get too much power. The final way that the constitution helped guard against tyranny was the Big States and Small States Compromise.
Therefore, power has been justly distributed between each division of government. Checks and balances are yet another form of separation of powers in the government. As the Constitution was initially written, there were checks and balances preventing any one branch of becoming too powerful. Since we still follow the same Constitution (with a few amendments) those checks and balances are still used.
Federalism guards against tyranny, so does the separation of powers, checks and balances, and the House of Representatives and the Senate. Each guard in different, unique ways. All of them do the same job to guard against tyranny. Federalism divides the government into the state and central governments. The division of powers gives each branch of government equal power, while checks and balances allows each branch to check each other.