Session 10: The Federalist Papers – The Sum of Power and the Separation of Powers
What is “delicate” about the two questions raised at the end ofFederalist 43? “The time has been when it was incumbent on us all to veil the ideas which this paragraph exhibits. The scene is now changed, and with it, the part which the same motives dictate.” What does Publius mean by this last sentence in the penultimate paragraph of 43? What articles and clauses of the Constitution are discussed in 43 and 44? How, in Federalist 43, does Publius defend the Convention’s proposal to supersede the Confederation “without the unanimous consent of the parties to it”?
Why, in the American representative republic, should the people “indulge all their jealousy and exhaust all their precautions” against the legislative branch? What are Publius’ criticisms of Thomas Jefferson’s suggestions for maintaining the separation of powers? Why does Publius think that it is necessary to have the “prejudices of the community” on the side of even the most rational government? What kinds of prejudices is he thinking of? “[I]t is the reason of the public alone that ought to controul and regulate the government. The passions ought to be controuled and regulated by the government.” How does Publius reconcile this principle with the republican principle that government “derives all its powers directly or indirectly from…the people”? Why would “an extinction of parties necessarily [imply] either a universal alarm for the public safety, or an absolute extinction of liberty”? What is the principle of separation of powers? What is the greatest threat in the American republic to separation of powers, and why is this the greatest threat?