It
is important in a republic to guard against the oppression of its rulers as
well as the factions within the society. In the federal system of government
in America, there is a compound republic. The sovereign power given by the
people is divided between the Federal and State governments. Each of these
governments is subdivided into separate, distinct departments. The different
governments should control each other as well as themselves.
James
Madison is quoted quite often as saying that, "If men were angels, no
government would be necessary.” Madison believed that in order to
preserve liberty, the structure of the government must furnish the proper
checks and balances between the different departments. To achieve this
effect, each department must have a will of its own and the members,
thereof, should have as little to do with the appointments of the members of
the respective departments. The salaries of the members of each department
must be free from obligation toward other departmental authority. "…those
who administer each department (must have) the necessary constitutional
means and personal motives to resist encroachments of the others.”
Although the primary control on government is the people, there needed to be
auxiliary precautions. Madison included one line about the Executive role in
government. He said that, "the weakness of the executive may require, on
the other hand, that it should be fortified.”
One might conclude that the appointments for all the departments should come
from the authority of the people but Madison felt that deviations must be
admitted - especially in the judiciary department because the primary
consideration would be to select the most qualified people who would be
granted a tenure which would destroy all sense of dependence on the
authority conferring them.
"In republican government, the legislative authority necessarily
predominates. The remedy for this inconveniency is to divide the legislature
into different branches; and to render them, by different modes of election
and different principles of action, as little connected with each other as
the nature of their common functions and their common dependence on the
society will admit”. By dividing the legislature into a House of
Representatives whose members are elected directly by the people of their
districts every two years and the Senate whose members (chosen by the
Legislature thereof, though later changed by the 17th amendment) are fixed
at two per state, for terms of 6 years, the legislature has a check within
itself as well as making sure that states are represented proportionately
and equitably.
Madison felt that the purpose of government was to achieve justice. Some
societies are set up in such a way that a stronger faction can unite and
oppress the weaker resulting in anarchy. "In the extended republic of the
United States, and among the great variety of interests, parties, and sects
which it embraces, a coalition of a majority of the whole society could
seldom take place on any other principles than those of justice and the
general good…”
The
anti-Federalist George Mason predicted that the Federal government would
expand at the expense of State government. One way this has been
demonstrated is through the withholding of federal funding for state roads
and education if the states do not adhere to Federal guidelines. The Federal
government seems to be acting like a benevolent parent that knows what is
best for it’s children…looking at long term results instead of the short
term effects state laws have on transportation and education. The Executive
Branch has extended its influence over the natural rights of citizens
through the Patriot Act of 2000. The interference with airline travel would
be seen by Federalists as a necessity to guarantee the security of the
people, to maintain their liberty. Madison can be quoted as saying that,
"Justice is the end of civil society. It ever has been and ever will be
pursued until it be obtained, or until liberty be lost in the pursuit.”
Too often have our public policies been dictated by shortsighted objectives
and a lack of attention to the distant future. Our current President seems
to be more far sighted, and has the republican civic virtue expected of a
man who holds the most esteemed of public office. He seems to be functioning
on a level unconcerned with money, reelection or personal favor. Instead, he
is modeling as well as expecting personal sacrifice for the good of all in
leading the country in a war on terrorism (whose goal is to squelch our
liberty and natural rights). He wants to protect our liberty well into the
21st century and beyond.
As part of the system of checks and balances, the framers intended to have
the will of the people somewhat filtered through the electoral processes,
i.e. Electoral College and United States Senators being chosen by the
individual state’s legislatures. Madison saw the difficulty for factions to
impart their will on the people as a good thing…a natural check on their
power in an extended republic. Madison felt that in a republic that the goal
of it’s elected leaders should be to maintain the authority of the
Constitution, which of course gets it’s authority from the people living
under its laws. He would have expected the leaders in such a republic to
work toward maintaining the liberty insured by the Constitution and to have
a higher sense of purpose when interpreting the needs of the people. In any
republican form of government, the good of all needs to be taken into
consideration over the individual rights and liberties of people if the
sacrifices made for the common good are for the purpose of maintaining these
individual liberties.
Nancy Salvato is a middle school teacher in Illinois and an independent
contractor for Prism Educational Consulting. She is the Educational Liaison
to IL Sen. Ray Soden and she works with national and local organizations
furthering the cause of Civic Education. She is a columnist for American
Daily, The Common Voice, GOP-USA, OpinionEditorials and The New Media Journal.us. Her
writing has been recognized by the US Secretary of Education. She has been published in
The Washington Times, The Washington Dispatch,
Iconoclast, Free Republic Network & Townhall.com., as well as other
nationally and internationally published media outlets.

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