James Madison: Federalist 51

Questions for Further Study

• 1. Some historians argue that the Constitution was a retreat from the Declaration of Independence. By allowing the continuation of slavery, creating a powerful central government with an unelected Senate and president, and limiting the options for structural change to the amending process, the Constitution is said to repudiate the Revolutionary, democratic, and egalitarian spirit of the Declaration. Others argue that the Constitution simply codified the Declaration by providing a legal framework for republican government. Discuss the relationship between the ideals of the two founding documents. Do they conflict with each other or are they in fundamental agreement? Refer to the Declaration of Independence and to Federalist 10, Federalist 14, and Federalist 51.
• 2. The American presidency is often called “the imperial presidency,” as the executive branch has progressively increased its powers over time. In the post-9/11 period the executive branch has added a Department of Homeland Security with new powers of its own and has utilized intelligence-gathering methods such as “warrantless wiretaps.” In this light, how well has the constitutional system of separation of powers and checks and balances held up?
• 3. No president has yet left office as the result of impeachment. Antifederalists argued that impeachment is not an effective check on the president. Because the court would be the Senate, a group the president might easily dominate, and the presiding judge would be a chief justice, whom the president himself might have nominated, the deck could be thought to be stacked in the president’s favor. Discuss whether impeachment is an effective check on the executive power. Refer to Federalist 51, the Constitution (Article II, Section 4), and the cases of Andrew Johnson, Richard Nixon, and Bill Clinton.