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Checks And Balances Vs Federalist 51

529 Words3 Pages

In the hundreds of years since the US was founded, the role of the President has changed dramatically. From the very beginning of the country to the complexities of the modern era, unexpected changes, including those that could not be predicted by the creators of our constitution, have happened. While the founders fancied a powerful executive, they also imagined that the presidency would work within the constraints set forth in the Constitution and with cooperation with the other branches of the government. This is very clear in the US Constitution as well as Federalist 51, which are the foundations of this country. To begin with, the power of executive orders has expanded the oversight of the role of the President. Article II of the US Constitution lays out the …show more content…

Moreover, James Madison's Federalist 51 emphasizes that checks and balances are in place to avoid the abuses of power. Madison contends that the checking power of one branch of government should be matched by the checking power of another, but every branch should be fully empowered to do so. Recent presidents have often stepped around these limitations by making use of these executive actions, such as statements to interpret the laws in the manner they prefer and declaring the national emergency in order to undermine the legislature. Moving on, another source of power expansion over time can be found in constitutional amendments, specifically the Twenty-Second Amendment, which limits the President to serving no more than two terms in office.This particular amendment, which was ratified in 1951, was aimed at putting limits on the previous president, Franklin D. Roosevelt, who served four consecutive terms. The Twenty-Second Amendment illustrates the very fear of the founders of the monarchical

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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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Even with certain restrictions and checks of power the president still maintain some significant areas of power over congress such the ability to veto legislation passed by congress. This ability grants the president a significant amount of power over the legislative process in the U.S as ultimately he is able to set the agenda of the country’s political schedule, and determine the direction of the country’s political schedule. Along with the ability to enact vetoes without the interference of a hostile congress uncooperative congress. The president also posses the ability to set the agenda for what legislation to recommend to congress and to what priority level each recommendation should be given. This power does come with its limits though as most situations do not give the president the ultimate authority to force congress to address his proposal and he must instead convince congress to address his issue with priority.

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James Madison wrote Federalist 51 over 200 years ago, yet its words still impact today’s government in 2016. When writing Federalist 51, Madison had two main objectives in mind; he wanted a government with a separation of powers, and he also wanted minorities to be protected. Both of his objectives have been accomplished and continue to be present in today’s American government with the latter objective being more present in today’s government even more so than in the past. To begin with, power is separated in today’s government, preventing a single person or group from having absolute power since, “Power tends to corrupt, and absolute power corrupts absolutely,” according to John Dalberg-Acton. The American government is composed of three branches which power is separated amongst.

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David E. Vandercoy’s 1994 article, “The History of the Second Amendment,” appeared originally as 28 Val. L. Rev. 1007-1039 in Valparaiso University Law Review. Long overlooked, the Second Amendment has become the entity of some study and much discussion. The United States is the first country of its kind because of strong minded men and women who fought against all odds David E. Vandercoy (1994) addresses the history of the Second Amendment and attempt to define its original intent; not suggesting it is controlling. He quotes George Washington about how in order to preserve the rest of liberty, depending on the situation and circumstance, individuals entering into society must give up a share of it.

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719 Words | 3 Pages

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