Isabella Carter
James Madison, in Federalist No. 10, defined a faction as a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community. Madison believed that factions were inevitable due to the nature of man and that the only problem came from majority factions. He offered two ways to check majority factions: prevent the existence of the same passion or interest in a majority at the same time or render a majority faction unable to act. Madison's views were shared by many delegates at the United States Constitutional Convention, who argued for a strong system of constitutional checks and balances to control majority factions and prevent abuse of power.
| Characteristics | Values |
|---|---|
| Political parties are | legally possible, necessary, inevitable, and desirable |
| Factions are | inevitable due to the nature of man |
| Factions are dangerous because | their interests are in conflict with the general good |
| Factions are controlled by | constitutional checks and balances |
| Ways to control majority factions | prevent the "existence of the same passion or interest in a majority at the same time" or render a majority faction unable to act |
| Ways to control minority factions | the republican principle, which enables the majority to defeat its sinister views by regular vote |
| Ways to control factions | create numerous barriers to unrestrained majority rule, including a bill of rights, requiring a supermajority of votes for constitutional amendments, separation of powers, judicial review, federalism, and decentralization of government |
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What You'll Learn
A bill of rights is incorporated into the constitution
The dangers of factions in a democracy were recognised by political theorists as early as the 18th century. Factions are groups of citizens, either a majority or a minority, who are united by a common impulse or passion that goes against the rights of other citizens or the interests of the community. James Madison, in Federalist No. 10, defined factions and discussed their dangers and how to control them. Madison believed that factions were inevitable due to the differing opinions, wealth, and property owned by individuals.
Madison offered two ways to control majority factions: preventing the "existence of the same passion or interest in a majority at the same time" or rendering a majority faction unable to act. He also believed that a larger republic dilutes faction, making it less likely that a majority of the whole will have a common motive to invade the rights of other citizens.
However, Madison's ideas did not translate perfectly into reality. In modern times, political parties can be considered leagues of minority factions, coming together to form a majority. This can result in the majority overlooking the minority position to advance the majority party, as seen in Madison's example of a regular vote:
> "If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by regular vote. It may clog the administration, it may convulse the society; but it will be unable to execute and mask its violence under the forms of the Constitution."
To address the fear of factions, leaders in democratic countries implemented several measures, including incorporating a bill of rights into the constitution. This was done in the form of the English Bill of Rights and the United States Bill of Rights. Additionally, they required a supermajority of votes for constitutional amendments and other important legislation, divided the executive, legislative, and judicial powers of the government into separate branches, and gave an independent judiciary the power to declare laws or policies unconstitutional.
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Supermajority votes are required for important legislation
The founding fathers of the United States Constitution were concerned about the dangers of factions, which they defined as a group of citizens "united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community". James Madison, in particular, believed that the only problem came from majority factions as minority factions would not be able to assert themselves under the proposed Constitution.
To prevent majority factions from holding too much power, Madison suggested two solutions: preventing "the existence of the same passion or interest in a majority at the same time" or rendering a majority faction unable to act. The first solution is nearly impossible to achieve as it would require destroying the liberty essential to the existence of factions or giving every citizen the same opinions, passions, and interests. Therefore, Madison focused on the second solution, which could be achieved through a republican system.
In a republican system, a supermajority of votes, such as two-thirds or three-fourths, is required for important legislation and constitutional amendments. This makes it more difficult for a majority faction to form and act in unison, as their common motive will be harder to discover and agree upon.
By requiring a supermajority for crucial decisions, the Constitution ensures that a diverse range of interests and opinions are considered and that no single faction can dominate and infringe upon the rights of others. This safeguard helps to maintain stability and protect the rights of all citizens, even when faced with the challenges of factionalism.
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Separation of powers
The United States Constitution is heavily influenced by the writings of Charles de Secondat, Baron de Montesquieu, in The Spirit of the Laws. Montesquieu argued for a constitutional government with three separate branches, each with defined authority to check the powers of the others. This philosophy is known as the separation of powers.
The three branches of the United States government are the Legislative, Executive, and Judicial branches, each with distinct powers and responsibilities. The Legislative Power of the Federal Government is vested in Congress, which has the authority to pass laws and establish regulations. The Executive Power is vested in the President, who serves as the civilian Commander in Chief of the Army and Navy, with the power to take appropriate military action in the event of a crisis. The Judicial Power is vested in the Supreme Court and any lower courts created by Congress, with the power to decide cases and controversies.
The separation of powers is designed to prevent the abuse of power and protect individual liberty. Each branch of government is meant to serve as a check on the power of the other two branches, creating a system of checks and balances. For example, while the President has the authority to command the military, only Congress has the power to declare war and raise, fund, and maintain the armed forces. The Judiciary, through judicial review, can also check both the Executive and Legislative branches, although it has historically been the weakest of the three branches.
The Framers of the Constitution, influenced by their experience with the British monarchy, believed that concentrating governmental powers in a single entity would lead to arbitrary and oppressive rule. By dividing the powers among separate branches, they aimed to protect the rights of the people and ensure that no single faction or party could dominate and oppress others. James Madison, in Federalist No. 51, wrote about the necessity of checks and balances, stating that each branch of government is framed so that its power checks the power of the other two, while also being dependent on the people as the source of legitimate authority.
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An independent judiciary can declare policies unconstitutional
The founding fathers of the United States Constitution were concerned about the dangers of factions, which they defined as a group of citizens, whether a majority or a minority, united by a common impulse or interest that goes against the rights of other citizens or the interests of the community. Madison, in Federalist No. 10, argued that the causes of factions could not be removed, and the only solution was to control their effects. He suggested two ways to check majority factions: preventing the existence of the same passion or interest in a majority or rendering a majority faction unable to act.
One way to control the effects of factions is to give an independent judiciary the power to declare laws or policies unconstitutional, thereby rendering them without legal force. This is known as judicial review. By providing the judiciary with the authority to review and invalidate laws or policies that violate constitutional principles, the independence of the judiciary serves as a crucial check on the power of factions, including majority factions.
The concept of judicial review allows the judiciary to act as a neutral arbiter, interpreting the Constitution and ensuring that laws and policies enacted by the government, even those supported by a majority faction, do not exceed the boundaries set forth in the Constitution. This power of judicial review acts as a safeguard against potential abuses of power by majority factions, as it provides a mechanism to challenge and overturn policies that may infringe on the rights of citizens or conflict with the interests of the community.
The independence of the judiciary is crucial in this process, as it ensures that judges are impartial and not influenced by the same passions or interests that may drive the majority faction. The judiciary's ability to declare policies unconstitutional is a key component of the system of checks and balances inherent in the Constitution, designed to prevent any one branch or faction from holding too much power and to protect the rights and liberties of all citizens.
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Significant autonomy for states
The United States Constitution provides for significant autonomy for states, provinces, or regions, also known as federalism. This was done to prevent majority factions from infringing on the rights of others or acting against the interests of the community as a whole.
The Founding Fathers, including James Madison, recognized the dangers of factions, which they defined as a group of citizens whose interests conflict with the general good. Madison, in particular, believed that economic stratification and differing opinions would lead to the formation of factions. He argued that the only way to limit the damage caused by factions was to control their effects, specifically targeting majority factions as the principal threat.
To this end, the Constitution includes a system of checks and balances, dividing the executive, legislative, and judicial powers of the government into separate branches. This decentralization of government power prevents the concentration of power in the hands of a majority faction and ensures that the rights of individuals and minorities are protected.
Additionally, the Constitution requires a supermajority of votes, such as two-thirds or three-fourths, for constitutional amendments and other important legislation. This further safeguards against unrestrained majority rule and ensures that any changes to the Constitution reflect the consensus of a significant portion of the population.
The adoption of constitutional guarantees for significant autonomy for states was a crucial aspect of the Constitution's design, demonstrating the Founding Fathers' commitment to balancing state and national powers while protecting the rights and liberties of all citizens.
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Frequently asked questions
A faction is a group of citizens, who are united by a common impulse of passion or interest, which goes against the rights of other citizens or the interests of the community.
Factions are considered dangerous because they can undermine the stability of a government and abuse their power.
The US Constitution provides a "happy combination" of a republic and a purer democracy, with decentralised government structures. This, along with constitutional checks and balances, prevents majority factions from holding power and infringing on the rights of others.
Madison outlines two methods of curing the mischiefs of faction: one, by removing its causes; and two, by controlling its effects.
