The particular structure of the new government and the distribution of power among its different parts¶
Madison, J. (1788). The particular structure of the new government and the distribution of power among its different parts. The Federalist.
Cited by¶
1 citation across 1 artifact.
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Primes¶
- Separation of Powers
- The legislative branch, representative of the citizenry, proposes and enacts laws; the executive administers them through bureaucratic apparatus; the judicial interprets law and resolves conflicts between legislative intent and executive action—a functional partition that Madison (1788) defended in Federalist No. 47 against the charge that the proposed Constitution failed Montesquieu's test, by arguing that the maxim required only that no whole branch be vested in the same hands.
This sourceAddresses the charge that the proposed Constitution violates Montesquieu's maxim by arguing the maxim requires only that the whole power of one branch not be exercised by the same hands holding the whole power of another—not absolute non-overlap—thereby reconciling functional separation with checks and balances.
- The legislative branch, representative of the citizenry, proposes and enacts laws; the executive administers them through bureaucratic apparatus; the judicial interprets law and resolves conflicts between legislative intent and executive action—a functional partition that Madison (1788) defended in Federalist No. 47 against the charge that the proposed Constitution failed Montesquieu's test, by arguing that the maxim required only that no whole branch be vested in the same hands.
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