The Federalist Papers · Chapter
XLVII: The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts explained
Madison addresses the objection that the proposed Constitution violates the separation of powers.
What happens
Madison addresses the objection that the proposed Constitution violates the separation of powers. He argues that the maxim, as understood from Montesquieu, does not require absolute separation but only prevents one department from exercising the whole power of another. He demonstrates that state constitutions themselves blend powers, and that the federal Constitution adheres to the true principle.
Themes in this chapter
Separation of Powers and Checks and Balances
Madison defends the Constitution's distribution of power, arguing that true separation does not forbid partial agency among departments.
Republican Government and Representation
The essay examines how state constitutions implement republican principles while blending powers.
Constitutional Interpretation and Authority
Madison interprets Montesquieu's maxim to show that the Constitution aligns with established political theory.
Characters to notice
- James Madison
Author of this Federalist Paper, defending the Constitution's distribution of power.
- Publius
The collective pseudonym under which this essay was published.
- Montesquieu
Cited as the oracle on the separation of powers; Madison interprets his meaning.
- Congress
Referenced as the legislative body in the context of the British Constitution and state examples.
- The Senate
Mentioned as a branch of the legislature with judicial and executive roles in various state constitutions.
- The Judges
Discussed in relation to their appointments and connections with other departments.
Key passages
“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”
Concentrating all government powers in one person or group is tyranny.
Madison states the core principle against which the Constitution is measured.
“If we look into the constitutions of the several states, we find that, notwithstanding the emphatical and, in some instances, the unqualified terms in which this axiom has been laid down, there is not a single instance in which the several departments of power have been kept absolutely separate and distinct.”
No state constitution keeps the three branches completely separate, despite strong language to that effect.
Madison uses state examples to argue that a partial blend of powers is standard.