Justin's Federalist 51 paradox

Madison’s Paradox

The paradox that James Madison proposed in Federalist 51 is that men are imperfect, and therefore government will also be imperfect. People can be bias. People tend to seek for self preservation instead of bettering the whole.  The question is how do we create a just and fair government and a more perfect union when no one is perfect? The answer to this paradox is in the Constitution. First of all, the power is derived from the people. Government is for the people, of the people, and by the people. James Madison went on to describe auxiliary precautions to provide a just form of government. The most important auxiliary precaution is the Constitution itself. It specifically limits government by giving each branch of government its enumerated powers. This limits the government from becoming tyrannical.

           The second auxiliary precaution is the division of powers. This means that we have two different governments that control each other. We have a national government which is separate from state governments. There are specific rights in the Constitution only given to the national government and things like the 10^th Amendment which only gives powers to the States.  This separation of powers creates a check and balance between the national and state governments. Another form of checks and balances which helps provide a more perfect union is the separation of powers. This is different than the dual security of federalism. The auxiliary precaution of separation of powers is dividing governing power into three different and distinct branches. The Legislative branch in both National and State government is further divided into two distinct houses; the Senate and the House of Representatives. The House consists of officials who represent the people based on the population of an area. The Senate represents each state fairly. The Legislative needed to be further divided because it has a very crucial job of creating laws. There is also the Executive branch of government which enforces and executes the laws created by the legislature. Furthermore, we have the judicial branch which interprets the laws. The separation of these powers makes it so that no one branch of government has more power than the others. The three separate entities create a system of checks and balances which are clearly outlined The U.S. Constitution. In Federalist 51, Madison explained the importance of separating powers. “The separate and distinct exercise of the different powers of government, which to a certain extent is admitted on all hands to be essential to the preservation of liberty…” We could not have liberty without separate powers.

          Another auxiliary precaution that Madison described through the Federalist Papers is that the people have sovereignty. We can exercise this sovereignty by using the 15^th Amendment of the Constitution. We have the right to vote for our governmental candidates. However, some officials are elected indirectly or are appointed. For example, citizens vote for the candidate who will best represent the citizens in the lower house every two years. In the upper house, senators are elected by state legislators every six years. The president of the Executive branch is elected by the Electoral College. The president appoints members to his cabinet, and he appoints members of the Judicial branch. This system of voting and electing is a very important auxiliary precaution. Elections are at different times, and different officials serve different terms in office. This all comes together to assure just decisions are made and that people become fairly represented. This republic form of government insures checks and a balance of government which Madison described in the Federalist papers.

          In Federalist 10, it describes the dangers of factions. With our continental sized republic, there will always be a difference of opinions and factions. This great amount of diversity is a form of auxiliary precaution which protects from one group becoming too powerful. Also the Constitution provides security for the minorities through the Bill of Rights and through other articles in the Constitution.

 

          Federalist 51 closely relates to our constitutional system. It eloquently describes how the separation of powers is vital for liberty and how division of government needs to be present for government to operate correctly. “Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.” People need to be checked and have limits and rules because no one is perfect. Federalist 51 describes the importance of separate departments working independently. The U.S. Constitution has many of the aspects and ideas that are described in Federalist 51. The Constitution solves the problem stated by Madison in the structure of our Republic government and in the above mentioned information.Without such, we would not have liberty. 

Divine Constitution

The Inspired Constitution

There are many aspects of the U.S. Constitution that were inspired of God through man. The fact that we have the constitution still this day, and that it is the oldest surviving constitution proves that it is an inspired document. The fact that almost every nation has formed a constitution based off the one our founding fathers created through the hand of God is evidence that it was inspired of God. The specific components of the Constitution that were divinely inspired are first the separation of powers. This was inspired because it was relatively new. The new nation was in turmoil and about to collapse. The delegates were extremely split on the issue of separation of powers. They eventual created the Connecticut  Compromise which was inspired because it provided the right balance between three branches of government. Namely, the executive, the judiciary, and the bicameral legislative branch. Congress, the first house of the legislative provides each state two representatives, and the house of representatives provides proportional representation based on population. With the separation of powers, tyrannical rule cannot exist. This perfect system of checks and balances in the government was truly inspired. The second inspired segment of the Constitution is the bill of rights. This was inspired because it provides freedom of religion. Without the first amendment, the gospel may not have come forth as it did. The bill of rights also guarantees freedom of speech, press, free assembly, free association and the right to bear arms. It limits the power government has over individuals and protects our natural rights. Our life, liberty, and property are protected through the Constitution. Our natural rights and the bill of rights were inspired aspects of the Constitution. Thirdly, the separation of powers was inspired from God. Along with the separation of national governmental powers, we also have through the constitution the separation of powers in a state level. Each state has three branches of government to form state-level checks and balances. As well we have the separation from state and federal government. The national government checks the states powers. This separation of government provides a way for people to be important to government. This manifestation of divided powers was inspired. Fourthly, the rule of law in the constitution was inspired. Our government is for the people, by the people, and of the people. We give consent to be governed. We are above government. Government is not above the people. This is extremely important in maintaining a righteous system of government. The rule of law, along with many other aspects were indeed inspired.

            Then arises the question: how was the Constitution inspired? It was inspired through men who God foreordained for the very purpose of creating a divine constitution.  In D&C 101 verse 80 it says “And for this purpose have I established the Constitution of this land, by the hand of wisemen whom I raised up unto this very purpose, and redeemed the land by the shedding of blood. God tells us that his purpose was to bring forth the true Gospel in a land of Freedom. The constitution was vital for the coming forth of our church. The founding fathers were able to receive revelation from God about the new form of government because they worked at it. They rigorously studied many forms of government. They prepared themselves through diligent learning. The founders discussed and debated many issues. They formed committees and counseled together and were able to come to an agreement because they knew the hand of God was in the work they were performing. These men were religious. God was very much in their lives. The founders prayed often, and were filled with the light of Christ. They were humble men of action. They acted on the promptings and feelings that they received. Through inspiration, the founding fathers constructed a divine document called the Constitution. It was truly a “miracle” as George Washington stated when he commented about the forming of the Constitution. The founding fathers were raised by the hand of God and guided by the same. Without these men and their efforts, we would not be the nation we are today. Thankfully however, we do have the inspired Constitution which bares God’s stamp of approval.

Justification Essay

Moral Justification

            The founding fathers and the colonists in the era of independence had many reasons to morally justify proclaiming independence and waging war with Great Britain. In the early 1760s, colonists were very loyal to King George III. Ideas of independence would have been absurd and irrational to an average colonist. They thought of themselves as British citizens and abided by the same laws and principles of England. In addition, the colonists greatly aided England in the Seven Years’ War which started in 1756. Many colonials at this time had pride in belonging to the most powerful country in the world. For more than a century, England had a “hands-off” policy towards her colonies in America. However, the British parliament started in 1763 to impugn the colonies’ basic rights. Tensions escalated further between the colonies and England as time went on until the colonists declared their independence from the tyrannical British rule.

            There are many examples of how the British encroached upon the rights and privileges of the colonies. It first started with the proclamation of 1763 which prohibited colonists from moving west of the Appalachian Mountains. This took away their natural rights of property and the pursuit of happiness. In 1764, parliament went on to pass the Sugar Act which raised duties on imported goods such as sugar, molasses, textiles, coffee, and more. This act violated precedence in that it raised revenue to support the British deficit from the French and Indian War, and other economic hardships in England. It also violated colonists’ rights in that it was passed without consent of the colonists. They were receiving taxation from Britain without any representation in Britain. The Sugar Act although an indirect tax, caught the attention of many colonists as unjust treatment from the crown. People such as Samuel Adams and James Otis started to write letters and articles informing people of how the crown was infringing upon colonial rights. Samuel Adams in retaliation of unjust taxes started the first boycott on British luxuries which was called a “non-importation agreement.” Boycotts, letters, articles, grassroots movements, town meetings, and much more helped unite the colonies against the British. England also passed the Currency Act in 1764 which prohibited colonists from printing currency. This hindered colonists’ rights in that they had to take out loans from the British and pay high interest rates. Currency was scarce and colonial businesses were harmed. Relentlessly in 1765, parliament passed the Stamp Act which required government-issued stamps on all legal documents, newspapers and printed materials in the colonies. This is the emergence of the first direct tax on the colonies. The Stamp Act greatly took away the rights of colonists. This Act was another more severe example of taxation without representation. Its purpose was to raise revenue in England. The Stamp Act ignited a large reaction from the colonies. Adams’ boycott idea spread to the other colonies and was widely supported in order to show England that the colonies would not stand for these wrong Acts. Opposition to English laws was wide-spread and greatly increased in the colonies during this time. The Sons of Liberty threatened and intimidated stamp officials which caused many stamp collectors to resign. In other cases, violence was used to encourage resignation. In effect, the Stamp Act proved useless in the colonies. Legislatures in the colonies met to use their right civil rights to repeal the taxes. However, British appointed governors shut down legislature attempts of getting rid of the Stamp Act. This violated civil rights. Consequently, in 1766 parliament passed the Declaratory Act which went into effect the day that the Stamp Act was repealed. The Declaratory Act stated that Britain has the power to regulate and tax the colonies in any way that it seems fit. This takes away their powers and freedom to consent to be governed. It also shows that England greatly supports taxation without colonial representation. Furthermore, in June 1767 parliament passed the Townshend Acts which imposed more duties and taxes on the colonists’ goods such as; paper, tea, glass, lead, and paints. The Townshend Acts also placed strict customs officials in the colonies to dampen smuggling efforts. This violated colonists’ rights in that they received more taxation without representation and revenue for Great Britain was being taken from the colonies. Also their freedom of trade was being infringed upon. The Townshend Acts caused reason for colonial assemblies to petition to the king and initiated more boycotting. Boycotts became very effective in pressuring English merchants to appeal to parliament on behalf of the colonies. The British economy greatly struggled because of the large scale boycotts initiated by the colonies. In July 1768, Governor Hutchinson dissolved the colonial court in Boston because the legislature would not accept the Townshend Acts. Hutchinson also arranged for two regiments of British soldiers to come to Boston to protect British officials. This took away the power and rights of the use of legislatures in the colonies, and it allowed the stationing of troops in a time of peace. The colonists’ natural rights continued to be violated by England. On March 5, 1770 the Boston Massacre occurred. A group of citizens were throwing snow balls at British soldiers, and the soldiers opened fire on the crowd killing three and wounding two. This is an example of Britain taking away the natural right of life from Boston citizens. The Boston massacre greatly angered colonists, especially colonists in Boston. In response to the Tea Act in 1773 which gave the East India Tea Company a monopoly on tea sales; we see the iconic Boston Tea Party. On December 16, 1773 Bostonian men dressed as Indians dumped 342 crates of tea into the Boston harbor, because the colonists were boycotting British tea. This enraged the British and the consequence was the Coercive Acts. The Coercive Acts completely shut down the Boston harbor, stripped Boston of any self governing, and provided that royal officials did not need to be tried in the colonies. In response to the Intolerable Acts, and in order to protect their lives, liberties, and property, the colonists’ delegates met as the first continental congress. They discussed the train of abuses that England was placing on the colonies and discussed plans to take action. This congress helped further unify the colonies against Great Britain. Later in 1775, the British attack in the first military battle of the revolutionary war. It was named “the shot heard around the world” or the battle of Lexington and Concord. The colonists tried to keep the peace with England through the olive branch petition claiming loyalty to King George III. However, it was denied by the king and war commenced between the colonies and the most powerful nation in the world. The Continental Congress met on July 4, 1776 and adopted the Declaration of Independence. This Heavenly inspired document made the colonies their own sovereign Nation. It lists the abuses from King George III and greatly details the reasons for justifying Independence.

            The founding fathers and the colonists could morally justify independence for many reasons. First, the colonists had guaranteed rights of normal Englishmen. However, Britain on multiple occasions that are previously mentioned, breaks these rights and installs tyrannical government and law over the colonies. Secondly, British officials greatly exerted control over colonial affairs which takes away the colonists’ civil rights which makes colonial government powerless and their votes meaningless. The colonists did not give consent to be taxed by Great Britain. The colonies were constantly taxed without representation which takes away their political power. Without political power and natural rights, colonists could easily become enslaved by the British. This would mean to be deprived of every right, including life,  liberty, and property. The founding fathers were justified because the British kept standing armies in times of peace, which attacked colonists multiple times. Colonists were denied trial by jury which is unjust and takes away the right of a fair trial. Colonists were forcefully impressed into the British army taking away their freedom.  The British quartered troops in colonists’ homes depriving them of property rights. The British took away the charters of the colonies which deprives them of their governmental protection. In conclusion, the colonists are morally justified because England waged war on colonists, plundered their seas, destroyed their towns, cities, and the lives of many colonists. Colonists were unjustly stripped of their God given rights, as well as other crucial rights. The colonists were extremely justified for declaring independence from the tyrannical British.