"The accumulation of all powers, legislative, executive, and judiciary, in the same hands. whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may be justly pronounced the very definition of tyranny.... (Liberty requires that the three great departments of power should be separate and distinct."

Source: Constitution of the United States of America, 1787

Article 1, Section 1

All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Article 2, Section 1, Clause 1

The executive power shall be vested in a President of the United States. He shall hold his office during the term of four years, and, (serve) together with the Vice-President, chosen for the same term....

Article 3, Section 1

The judicial power of the United States shall be invested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and the inferior courts. shall hold their offices during good behavior....
1. Summarize the document in 1 sentence. Think about who, what, when, where, how, and why.

2. What is the main idea of the Madison quote?

3. Does Madison say it is possible to have tyranny in a democracy? Explain.

4. What is the primary job of each branch?

5. What would James Madison say about allowing a person elected to the House of Representatives to serve at the same time on the Supreme Court? Explain his thinking?

1 answer

1. The document, the Constitution of the United States of America, establishes the separation of powers and defines the roles and responsibilities of each branch of government - legislative, executive, and judiciary - to ensure liberty and prevent tyranny.
2. The main idea of the Madison quote is that concentrating all powers in one entity, whether one person or a few, is a characteristic of tyranny, and separation of powers is essential for liberty.
3. No, Madison does not say it is possible to have tyranny in a democracy. He emphasizes that the separation of powers is necessary to prevent tyranny, implying that a well-functioning democracy would have a system of checks and balances to avoid excessive concentration of power.
4. The primary job of each branch is as follows: the legislative branch (Congress) creates laws, the executive branch (President) enforces laws, and the judicial branch (Supreme Court and inferior courts) interprets laws.
5. James Madison would likely be against allowing a person elected to the House of Representatives to serve at the same time on the Supreme Court because it would undermine the principle of separation of powers. He believed that each branch of government should remain separate and distinct to prevent the concentration of power and ensure checks and balances on one another. Allowing someone to hold positions in both branches could create conflicts of interest and potentially compromise the integrity and impartiality of the judiciary.