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Federalist No. 48 is an essay by James Madison, the forty-eighth of the Federalist Papers. It was first published by The New York Packet on February 1, 1788, under the pseudonym Publius, the name under which all the Federalist Papers were published. This paper builds on Federalist No. 47. In that essay Madison argued for separation of powers ...
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined authority to check the powers of the others.
Federalist No. 47 is the forty-seventh paper from The Federalist Papers.It was first published by The New York Packet on January 30, 1788, under the pseudonym Publius, the name under which all The Federalist Papers were published, but its actual author was James Madison.
The Separation of Powers devised by the founding fathers was primarily designed to prevent the majority from ruling with an iron fist. [72] Based on their experience, the framers shied away from giving any branch of the new government too much power. The separation of powers provides a system of shared power known as "checks and balances". For ...
Separation of powers requires a different source of legitimization, or a different act of legitimization from the same source, for each of the separate powers. If the legislative branch appoints the executive and judicial powers, as Montesquieu indicated, there will be no separation or division of its powers, since the power to appoint carries ...
President Andrew Jackson interpreted these clauses as expressly creating a separation of powers among the three branches of the federal government. [1] In contrast, Victoria F. Nourse has argued that the Vesting Clauses do not create the separation of powers, and it actually arises from the representation and appointment clauses elsewhere in ...
Federalist No. 51 addresses the separation of powers, the federal structure of government and the maintenance of checks and balances by "opposite and rival interests" within the national government. One of Federalist No. 51's most important ideas, an explanation of checks and balances, is the often-quoted phrase, "Ambition must be made to ...
The theory is largely based on the Vesting Clause, which vests [10] [11] the president with the "executive Power" and places the office atop the executive branch. [ 12 ] [ 10 ] Critics debate over how much power and discretion the Vesting Clause gives a president, [ 13 ] [ 14 ] and emphasize other countermeasures in the Constitution that ...