Discussion Starter

In the Federalist No. 10 and Federalist No. 51, James Madison articulates the ways in which a balance of power is regulated in the nation, both within the government itself and the majority-minority makeup of factions of the people. The separate and distinct powers is a given in the establishment of the United States government—all intergovernmental controls stem from this concept as well as the innate nature of humankind to pursue their individual interests, which in turn sustain the nation’s freedom and mutual protection.

            In the setup of the government, the statesmen from each branch follow their own agenda and interests, pursuing contrasting motives. This division allows for diversity in structure that ensures no singular will of the government dominates the others. In both the enactment of their policy and their hiring, statesmen are almost completely independent on other branches. Madison states that, “great security…consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others.” It’s interesting that he mentions that the greatest safeguard is human nature itself, represented in the conflicting ambitions and ideologies of every statesman and branch. By itself, private interest is futile to maintaining political stability, but when placed against dissimilar private interest in public office, it gains the role of defending the interest of the public.

 More than the organization itself is this reliance on the unwavering nature of mankind, which is also found in the public. Madison elaborates on this aspect in Federalist No. 10, elucidating on the importance of a large, pluralist society. This composition produces the best chances of protecting the interests of the minority from the majority, and is simultaneously present in the structure of the government. The American public is so large and so diverse that the interests of every specific group or demographic almost never align in the same faction, preventing one large group from forming and oppressing all the other smaller groups.

            Traditionally, this balance of power has functioned smoothly, with the division of the legislature checking itself internally, and the executive veto checking the legislature. In this way, the legislative power is matched. However, Trump tests these checks, specifically the judicial power, in ways that it has not been tested. He consistently denies and challenges governmental power, most recently by firing the acting attorney general for not defending his executive order on immigration, as well as criticizing individual judges and challenging the judge who blocked his immigration order. Trump presents an unprecedented challenge to checks and balances by demonstrating an attempt at unbridled executive authority and dismissal of the power of those who hold different opinions.

            Different branches of government were intended to control each other, in addition to controlling itself and the people. When one component cannot control the others or itself, and the pursuits of one division usurp power, the stability is compromised and the safety of the minority jeopardized. Madison warns, “In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature.”