Max Layden

9/16/16
AP gov
Factions are inherent in modern society, and was especially a problem

before the ratification of the Constitution. All people divided into groups with

similar political interests, and wielded political power collectively. As different

groups fought for power, each blamed the other and ultimately the

government. James Madison saw this as a huge problem for the new

confederation, and believed factions were inevitable. In his words, the latent

causes of faction are thus sown in the nature of man; and we see them

everywhere brought into different degrees of activity, according to the

different circumstances of civil society. The inevitability of factions worried

Madison, and he believed that that could cause the downfall of the

Confederacy. Thus, he looked to the constitution and used Montesquieu

theory of separation of powers to quell the problem of factions. The new

federal republic factional solvency is three-fold; the federal republic creates a

larger group of people, a weak executive means if factions take control the

republic will be strong, and the judicial branch can check all problems.

The large population of the republic will inevitably cause factioning

within factions because the larger a group gets the less likely members of

that group are to agree on everything. This logic is the cornerstone of the

argument that Federalism solves factions and the prime difference between

the articles of confederation and the constitution.

A weak executive means that even if factions can control the highest

office, there will not be internal repercussions. The legislative branch will be
Max Layden
9/16/16
AP gov
able to control the president, and the president can always be impeached, as

per the constitution. The little power the executive has results in a more

equal democracy, rather than despotism.

If worst comes to worst, the judicial branch will always be able to use

the constitution to declare acts committed by the legislature

unconstitutional. Although this wasnt in effect until Marbury vs. Madison, it

is based in the constitution, and can thus be used in my argument.