1. What is Madison's view on the inherent power potentials of the legislative, executive, and judicial branches?
2. Why is the constitution only a framework and not a blueprint?
1. http://press-pubs.uchicago.edu/founders/documents/v1ch10s15.html
2. As many documents, our Constitution is full of compromises between the different points of view about what it should contain. As it is, it allows for changes that the founding fathers knew would be facing the new nation.
1. To understand Madison's view on the inherent power potentials of the legislative, executive, and judicial branches, we can look to his writings in "The Federalist Papers," specifically Federalist No. 47, 48, and 51. In these papers, Madison discusses the separation of powers and the checks and balances system that is built into the Constitution.
In Federalist No. 47, Madison argues that the accumulation of power in a single branch of government is detrimental to the preservation of liberty. He emphasizes the importance of separating the powers across different branches to prevent tyranny.
In Federalist No. 48, Madison expands on this idea and asserts that the legislative, executive, and judicial branches should be kept separate and distinct, with each branch having its own sphere of influence and authority. He believed that the branches should not encroach upon each other's powers, and that this system of checks and balances would prevent any one branch from becoming too powerful.
In Federalist No. 51, Madison explains how the Constitution's framework ensures a separation of powers and a system of checks and balances that prevents any single branch from dominating the others. He argues that ambition must be made to counteract ambition, meaning that each branch should be motivated to defend its own powers and prevent the others from encroaching upon them.
Overall, Madison's view can be summarized as advocating for a system of government with separate and distinct branches that have limited powers which are balanced and checked by each other.
2. The Constitution is considered a framework rather than a blueprint because it provides a general structure and guiding principles, but allows for flexibility and interpretation over time. Here's why:
a) Changing Society: The Constitution was written over two centuries ago and the framers understood that society and its needs would evolve. By providing a framework, they allowed future generations to adapt the principles to modern times without requiring constant modifications to the core document.
b) Balancing Specifics and Flexibility: The Constitution contains specific provisions, such as outlining the powers of each branch, the process for amending the Constitution, and certain individual rights. However, it also allows for interpretation and flexibility through broad principles, such as the "necessary and proper" clause or the general welfare clause.
c) Separation of Powers: The Constitution establishes the separation of powers between the three branches of government, but it does not prescribe in detail how each branch should operate. This allows each branch to develop its own internal structures and processes over time.
d) Constitutional Amendments: The framers intentionally made the Constitution amendable to accommodate changes in society or to correct any perceived deficiencies. This process allows for a more deliberate and comprehensive approach to making significant changes.
In summary, the Constitution serves as a framework because it provides a basic structure and principles while allowing for interpretation and adaptability to changing circumstances and societal needs through amendments and flexible interpretation.