Make sure you have reviewed the Berkin video and Federalist #51 posted under "Required Resources."

In Federalist #51, James Madison argues for checks and balances in government stating, "Ambition must be made to counter ambition." Discuss how the Constitution was set up to limit abuse of power. You should consider the context of the Federalist v Antifederalist debate (Berkin video) as well as Madison's theories. Include at least one short quote or specific reference from each source to support your points. Briefly, based on what you know about government, is the system of checks and balances working today? (Opinions are fine but please keep it polite. Try to discuss policy and specific actions rather than political figures.)

Remember convince me that you not only read but thought about these sources as they relate to the material we are studying in chapter 2.

 

Checks on Power

            The debate between Federalists and Anti-Federalists led to developing the Constitution to limit abuse of power. The Federalists complained about the limited jurisdiction in the federal courts since it imposed many law duties on state and local courts. Thus, the Federalists supported the establishment of new federal courts to promote checks and balances in the courts’ power. They argued that the federal courts would guarantee liberty and protect citizens from government abuse.

            On the other hand, the Anti-Federalists argued that the Constitution granted the federal courts an excess power at the state and local courts’ expense. Thus, they believed the federal courts wouldn’t guarantee justice to citizens. Bardes et al. (2019) reveal that Anti-Federalists were afraid that the national government wouldn’t address people’s concerns on the state and local levels because the nation was too large. They were also worried that the original Constitution contained few bills of rights. Thus, they aimed to guarantee protection for specific basic liberties like trial by jury and freedom of speech.

            Therefore, a Bill of Rights was included in 1791. The Federalists agreed to include a bill of rights to gain the Anti-federalists’ support, influencing them to vote for the Constitution ("The Constitution of the United States: A Transcription", 2021). Today, the United States uses the federal court system, whereby each state has courts. This way, the federal court system distributes power between the national government and the state governments.

            I believe the system of checks and balances works today because the national government and state governments make independent laws. States have the power to formulate laws that apply within their boundaries. For instance, Bardes et al., 2019 argue that states have general police power. Thus, they can implement laws regarding the general welfare, safety, and health of its citizens.