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  • Federalist 53

     |  Three Branches of Government

    Federalist 53 Federalist 53 1 James Madison Publius often returns to the problem posed by majority tyranny. Here he expresses his preference for biennial over annual elections. February 9, 1788 The Same Subject Continued: The House of Representatives I shall here, perhaps, be reminded of a current observation "that where annual elections end, tyranny begins." If it be true, as has often been remarked, that sayings which become proverbial are generally founded in reason, it is not less true that when once established they are often applied to cases to which the reason of them does not extend. I need not look for a proof beyond the case before us. What is the reason on which this proverbial observation is founded? No man will subject himself ...

  • Federalist 55

     |  Three Branches of Government

    Federalist 55 Federalist 55 1 James Madison Under the Constitution's original formula, the House would have sixty-five members. This number was too small according to Anti-Federalists. Publius employs a number of arguments to demonstrate that the ratio of elected representatives to constituents is prudent. February 13, 1788 The Total Number of the House of Representatives The number of which the House of Representatives is to consist forms another and a very interesting point of view under which this branch of the federal legislature may be contemplated. Scarce any article, indeed, in the whole Constitution seems to be rendered more worthy of attention by the weight of character and the apparent force of argument with which it has been ...

  • Federalist 62

     |  Three Branches of Government

    Federalist 62 Federalist 62 1 James Madison The Senate, with its equal representation of each state and members selected by state legislatures, was at once a concession to small states and a bulwark of federalism. Due to its structure, it would also lend the legislative branch stability and wisdom. February 27, 1788 The Senate Having examined the constitution of the House of Representatives, and answered such of the objections against it as seemed to merit notice, I enter next on the examination of the Senate. The heads into which this member of the government may be considered are: I. The qualification of senators; II. The appointment of them by the State legislatures; III. The equality of representation in the Senate; IV. The number of ...

  • Federalist 63

     |  Three Branches of Government

    Federalist 63 Federalist 63 1 James Madison To the Anti-Federalists, the Senate's six-year term and smaller number seemed too aristocratic. But to Publius, the selection of senators by state legislatures was a built-in protection for state interests. As a footnote to this argument, in making senatorial elections popular, the Seventeenth Amendment in 1913 changed not just the Senate, but the entire architecture of the Founders' Constitution. March 1, 1788 The Senate Continued A fifth desideratum, illustrating the utility of a senate, is the want of a due sense of national character. Without a select and stable member of the government, the esteem of foreign powers will not only be forfeited by an unenlightened and variable policy, proceeding ...

  • Brutus XI

     |  Three Branches of Government

    Essay XI Essay XI 1 Brutus Here Brutus criticizes the power granted by the Constitution to an independent judiciary. January 31, 1788 The nature and extent of the judicial power of the United States, proposed to be granted by this constitution, claims our particular attention. Much has been said and written upon the subject of this new system on both sides, but I have not met with any writer, who has discussed the judicial powers with any degree of accuracy. And yet it is obvious, that we can form but very imperfect ideas of the manner in which this government will work, or the effect it will have in changing the internal police and mode of distributing justice at present subsisting in the respective states, without a thorough investigation ...
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