Federalist 47
Annotated
Federalist No. 47
James Madison (1788)
Federalist No. 47 responds to critics who argued that the new Constitution did not keep the legislative, executive, and judicial powers separate enough. Madison’s goal is to show that the Constitution does not threaten liberty simply because the branches interact.
The accumulation of all powers, legislative, executive, and judiciary, in the same hands... may justly be pronounced the very definition of tyranny.
I persuade myself, however, that it will be made apparent... that the charge cannot be supported.
On the slightest view of the British Constitution, we must perceive that the legislative, executive, and judiciary departments are by no means totally separate and distinct from each other.
From these facts... it may clearly be inferred that... he did not mean that these departments ought to have no partial agency in, or no control over, the acts of each other.
His meaning... can amount to no more than this, that where the whole power of one department is exercised by the same hands which possess the whole power of another department, the fundamental principles of a free constitution are subverted.
In citing these cases... I wish not to be regarded as an advocate for the particular organizations of the several State governments.
Text-Dependent Questions
- What criticism of the Constitution is Madison trying to answer?
- How does Madison define tyranny?
- What is the difference between partial agency and total control?
- Why does Madison bring up the British Constitution and state constitutions?