Federalist No. 51

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Federalist No. 51

James Madison, author of Federalist No. 51
Author	James Madison Alexander Hamilton
Original title	The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments
Language	English
Series	The Federalist
Publisher	The New York Independent Journal
Publication date	February 6, 1788[1]
Publication place	United States
Media type	Newspaper
Preceded by	Federalist No. 50
Followed by	Federalist No. 52

This article is part of a series about James Madison
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Federalist No. 51, titled: "The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments", is an essay written by James Madison or Alexander Hamilton, the fifty-first of The Federalist Papers.^[1] This document was first published by The New York Independent Journal on February 6, 1788, under the pseudonym Publius, the name under which all The Federalist papers were published. Federalist No. 51 addresses the separation of powers, the federal structure of government and the maintenance of checks and balances by "opposite and rival interests" within the national government. One of Federalist No. 51's most important ideas, an explanation of checks and balances, is the often-quoted phrase, "Ambition must be made to counteract ambition."

Madison's idea was that the politicians and the individuals in public service in the U.S. would all have proclamations and ideas that they were passionate about and that they wanted to enact. The logical solution to ensure that laws and strong ideas were not enacted by a small group of partisan individuals was to use a federalist system where each level of government had different branches, each branch having the authority to impact legislation proposed by other branches. One of the main ways that Federalist 51 was able to encourage checks and balances was by emphasizing that the "preservation of liberty" was the end to which civil society aims. He continued that it be pursued "until it be obtained, or until liberty be lost in the pursuit". In a "state of nature", Madison says, echoing such thinkers as Hobbes, "the weaker individual is not secured against the violence of the stronger".

Furthermore, Madison emphasized that although the branches were meant to have checks and balances, the branches would only function to their fullest extent if they were independent of one another.^[2] By being independent of one another, the branches would be able to focus on their purpose and the system of checks and balances would only really come into play if disagreements and issues arose within the three branches.

The "if men were angels" quote was meant to imply that not everyone has communal interests in mind and that certain government officials are inevitably going to push legislation that is in their own interests, rather than in the interests of their constituents.^{[citation needed]} Madison emphasized that a system of checks and balances would prevent this from happening and he uses the quote to show that checks and balances are necessary because men are not necessarily all angels. This also ties back into the ideas of liberty and equal opportunity that Madison emphasizes through this Federalist paper.

In addition, the original idea of checks and balances was a European idea that had roots in the enlightenment period. Political philosophers such as John Locke and Jean-Jacques Rousseau ^{[citation needed]} had ideas that related to this proposal. Further, the idea of representative democracy as a method of establishing these checks and balances is a pivotal component to the federalist paper, mostly because it helps explain how the different branches of government will be put into place. The idea of checks and balances existed in other countries, prior to the establishment of this system in the United States, suggesting that the idea of the political separation of powers and of checks and balances in government that was implemented in the United States is a universal concept that is concrete in political theory. Thus, the inclusion of this theory in Federalist 51 can be seen as a reiteration of a sentiment that was already present on an international scale.

The Federalist papers, as a foundation text of constitutional interpretation, are commonly cited by American jurists and court systems in general. Of all The Federalist papers, No. 51 is the fourth most-cited document.