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Checks And Balances In The Constitution

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The Constitution was and still is a very important document in American history. It began the strong central government that America has today. However, the document had a lot of trouble getting to where it is today. Federalists and Anti-Federalists debated what should and should not be in the Constitution. Federalists had more valid points to what should be in the Constitution, such as limited powers and not having a bill of rights in the Constitution. “...But the great security against a gradual concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others.” In more simpler terms, Madison believed that no part of government should have more power than another. In order to do so, the Constitution talked about how checks and balances would solve that problem by each branch of governemnt checking on how the others are doing and making sure everything is in balance. The reason this is needed is because during the times of the Articles of Confederation, Americans believed that only a …show more content…

However, the Constitution has checks and balances to make sure Congress, the president, or the Supreme Court do not go over the amount of power they have to be able to execute. The bill of rights could have caused problems for citizens. With listing what the people's rights are able to do, it could hurt them when going on trial by the bill of rights being used against them, instead of helping. It also would have limited their rights in the

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In Federalist 51 Madison talks about the need for elected government officials to be controlled by a system of checks and balances. He talks about how each part of the government must be made sure as to not get too powerful as they might overpower the others. To do this Madison states that power must be distributed equally between each part, and divided as much as possible. For example Madison says “In the republican form of government, the legislative branch tends to be the most powerful.”

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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

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Each party present during the drafting of the Constitution had their own ideas about what it should accomplish. As a result, it was very difficult to formulate a document that appeased all groups and parties, who often voiced their opinions of how it should be written. The U.S. Constitution was the father of many worries concerning the rights of the people, the role of government, and the balance between the aristocrats and poor, the government and the people. The Federalists, or supporters of the Constitution, were not completely satisfied with the task they were given. They were supposed to revise the old Articles of Confederation, but they felt like it needed to be completely rewritten.

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Madison’s essay reflects the fear many had of a tyrannical government and the desire to ensure that the country didn’t revert back to that which it had just escaped from. He notes the necessity to prevent any one faction or group from gaining too much power and oppressing those in the minority. The separation of powers was set in place to ensure that this could not happen. Even if one group decides they want something, the other two have the equal authority to prevent it should it not represent the country as a whole.

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