Separation Powers and Democracy

Paper Summary:

This paper has a large emphasis on the Federalist Papers and the American system and constitution, but also looks more broadly at the importance of separation of powers in the U.S. It looks at difficulties in U.S. history of the system as well as the nature of the system and the way it has evolved, including the philosophy behind it.

From the Paper:

"In the light of the objections to the Constitution the need for separation of powers for the supporters of the constitution is clear. There was a need both for a secure public sovereignty, and a check against tyranny. In the same way, however, the "tyranny of the majority" needed to be avoided. The constitution, in their eyes, was the perfect way to achieve popular sovereignty but avoid tyranny. Furthermore, a classic Aristotelian Republic, where virtue of government and people is crucial, is incongruent with Madison's view of human nature: "The latent causes of faction are thus sown in the nature of man"11. He describes humans as naturally exhibiting "animosity" and "self-interest". Democracy would obviously be idiocy in such conditions, but the separation of powers, for Madison, provided an extra balance against the possible self-interest of the no more virtuous representatives: "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""

More papers on Separation Powers and Democracy:

• Descriptive Essay # 128683 : "Limited Government and the Constitution"
• Term Paper # 41897 : "Democracy vs. Fundamentalism"
• Essay # 4478 : "Separation of Church and State in America"

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