JamesMadison starts Federalist 51 by stating that the structure of government proposedwill help liberty flourish. Then, he goes on to state, and argue for, themechanics of this proposed structure. First, all systems must be independent ofone another, meaning that one branch should not have too much power overanother. However, this does not mean that each branch should be elected by thepeople. In particular, he is referring to the judicial branch on account of thelegal knowledge required to effectively hold a position in this branch. Inorder for branches to be independent of one another, they must not be dependenton one another.
This entails Constitutional protections for their salary,power, and other factors of their position. In order to ensure this, we need agovernment that is not only able to govern the people, but is also required togovern itself. While the legislative body has the most concentration of power,which is common in most republics, it must also be checked to ensure thisbalance.Madisonthen goes on to discuss the importance of making sure that the majority doesnot tyrannize the minority.
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One way of avoiding this is to construct a “communitywill” that does not tend to the majority. However, this is not a real solutionon account of there being no way of keeping this “community will” from goingagainst the best interest of the public. Instead, we should allow manyfactions.
A diversity of ideas will keep one idea from dominating the others,and thus keep the majority from tyrannizing the minority. He then goes on toargue that the purpose of government is justice and to protect against anarchy.Additionally, even the strongest will submit to government because of thethreat of anarchy. Unfortunately, this means that even the strongest willsubmit to a government, even when it is bad. He then reiterates that a systemof checks and balances is important and how this proposed system makes itpossible.