What Was Madison's Theory Of The Federalist

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Jamie Corbin THE THEORY OF POPULAR SOVEREIGNTY IN FEDERALIST #10 In Federalist #10, Madison notes that in a republican government the legislative authority will predominate out of necessity and therefore questions how to keep that branch from exceeding the powers that are rightfully theirs. Madison lists multiple remedies that the Constitution has, including the federal system of government, two chambers or houses (bicameral legistature) of Congress, and the executive veto. Madison’s famous essay on the subject of factions, he addresses the question of how “to secure the public good and private rights oagainst the danger of [majority faction], and at the same time to preserve the spirit and form of popular government.” Not only is judicial review never listed as a possible solution in Federalist #10, but when Madison switches back to the subject of factions in the last of of 51, he lists a cure that he never mentioned in the famous Federalist #10: “creating a will in the community independent of the majority.” The court is immune to majoritarian pressures and is therefore in a position to counteract majority faction. Madison did not…show more content…
However, he knew this would be difficult to achieve. He would have to crate a political system that would guard against the “mortal diseases” of popular government. Overcoming the danger of faction was critical to the well being of republican government. Since popular or republican government was based on majority rule, the greatest danger to liberty and justice occurred when a faction became the majority. It was neither desirable nor even possible to eliminate the cause of faction. It was not desirable because it would require ‘destroying liberty’ and so the remedy ‘was worse then the disease.’ It was not possible because ‘the causes of faction are sown in the nature of

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