Federalist No. 51: The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments

Author: Hamilton or Madison
Date: February 8, 1788
Source: New York Packet

Introduction

• Main Question: How can we ensure the partition of power among government departments as outlined in the Constitution?
• Solution Overview: Modify the interior structure of the government to have constituent parts that mutually keep each other in check.

Principles of Government Structure

• Each department should have its own will and be independent in the appointment of its members.
  • Challenges include the difficulty in execution and increased expenses.
• The judiciary may require deviation from this principle due to its need for specialized qualifications and tenure considerations.

Independence and Emoluments

• Members of each department should be independent, especially regarding financial compensation.
• Ambition must counteract ambition to prevent power concentration.
  • Human Nature: Government is a reflection of human nature; checks are necessary because men are not angels.

Checks and Balances

• Primary Control: Dependence on the people.
• Auxiliary Precautions: Opposite and rival interests to create checks across all systems of power.
• Legislative authority tends to dominate in a republic, so it should be divided into branches.
• The executive branch may need fortification to prevent legislative overreach.

Federal System Benefits

• Double Security: Power is divided between two governments (federal and state) and within these into separate departments.
• Protects against oppression by rulers and injustice among society.
  • Society must be divided into numerous interests and classes to prevent majority domination.

Civil and Religious Rights

• Security for civil rights parallels that for religious rights, relying on diversity of interests and sects.
• A larger society (like the U.S.) is better suited to self-government due to its varied interests.

Conclusion

• Justice is the ultimate aim of government and civil society.
• The larger the society, the more capable it is of self-governance.
• Emphasizes the importance of the federal principle in maintaining a balance between unity and independence within a republic.

Author's Pseudonym: Publius