The Branches of Government : The Legislature, Executive and Judiciary
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The Legislature

"In republican government, the legislative authority, necessarily, predominates".

Madison believed that the legislature would be the most dangerous branch of government, as it was the most democratic. As such, congress/the legislature was to be divided in to the House of Representatives and the Senate. Furthermore, all legislation passed would have to pass through both houses, then be signed by the President, and also avoid being declared unconstitutional by the judiciary.

The House of Representatives was elected directly every 2 years. The senate was appointed by state representatives, and 1/3 of it was elected every 2 years.

The aristocratic senate has a variety of powers - most legislative. However, in addition to legislation, it can also function as an executive (through appointments and treaties) and a legislature (impeachment).

The Judiciary

The Judiciary is the least dangerous of the three branches of government. It has neither force nor will, it merely interprets what the legislature creates and relies on the executive to enact its power. Member of the judiciary remain so whilst they behave well. They are required to strike down any law that is unconstitutional.

The Executive

Publius argues that "Energy in the executive is a leading character in the definition of good government". Unlike the legislature, the executive is not divided up, so as to facilitate "decision, activity, secrecy and dispatch".

The president has a veto so that he can protect his power and to stop any deficient laws from being passed.

Other Notes in this Category

1. Influences on Madison, Hamilton and Jay (Democratic and Republican Thought)
2. Madison's Definition of Republic and the Size of the State
3. The Branches of Government : The Legislature, Executive and Judiciary
4. The Problem of, and solution to, Factionalism
5. The Separation of Powers

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