The Vital Role of Checks and Balances

When James Madison penned Federalist No. 51 in 1788, he wasn’t just theorizing about some abstract notion of governance—he was laying down a critical framework to prevent the rise of tyranny in the new American republic. The brilliance of his work lies in the simplicity and elegance of the idea that power, left unchecked, inevitably corrupts. Madison, informed by the Founding Father’s experiences under British rule, understood this well. The question we must ask ourselves today is: are these checks and balances still effective, or are we witnessing their destruction?

Let's not forget why the Founders were so hell-bent on limiting government power. They had seen firsthand what happens when a single entity—such as the British monarchy—holds too much authority. Remember, these guys weren’t just playing a game of political theory; they were survivors of that same tyranny and technically they were committing treason. The Declaration of Independence itself was a massive middle finger to unchecked authority, and the Constitution was crafted with this very memory in mind. By dividing the government into three branches—executive, legislative, and judicial—the Founders aimed to ensure that no one branch could dominate the others.

One thing is certain as you read Federalist No. 51: Madison didn’t trust any of these branches. He didn’t trust politicians to always act in the public’s best interest because, well, they’re human. And humans are fallible, most often driven by self-interest rather than virtue. So, what did he propose? A system where each branch would have the means and motivation to check the others. As Madison put it, "Ambition must be made to counteract ambition."

Fast forward to today, and Madison’s wisdom seems more prophetic than ever. The idea that “ambition must be made to counteract ambition” is supposed to be a main guiding principle of our government, but let's face it—the system hasn’t worked out all that well lately. While the branches of government were designed to be co-equal, we’ve seen increasing struggles as each branch aims to increase its powers.

Take executive power, for instance. In recent years, we’ve witnessed presidents from both parties push the limits of their authority through executive orders. Sure, these orders at time were necessary, but when they start substituting for legislation, we’ve got a problem. Executive overreach is a direct challenge to the balance Madison envisioned. It undermines the role of Congress, which is supposed to be the body that creates laws, not just rubber-stamps presidential directives. A major and glaring example of this “executive overreach” were the COVID Vaccine mandates. (Don’t even get me started about the fact that they weren’t even “vaccines”…) Talk about overstepping your authority…

Judicial review is another hot-button issue. The courts are supposed to interpret the Constitution and apply the laws based on that interpretation, but how much interpretation is too much? Judicial activism—when courts seem to make rather than interpret law—throws the balance off kilter and we’ve seen outrageous amounts of that type of Judicial activity lately.  Think of the term “Lawfare” which involves the strategic use or manipulation of law to de-legitimize, discredit, or undermine an opponent, rather than seeking justice or resolving legal disputes in good faith.  Sound familiar? While the judiciary should protect our rights and uphold the Constitution, it must also resist the temptation to impose its own views on the nation. When the courts start acting like super-legislators, it becomes a question of whether they are preserving checks and balances or creating new power dynamics altogether.  Seems like the latter to me…

And let's not forget Congress. The legislative branch was intended to be the most powerful, but in reality, it often struggles to assert its authority. Whether it’s due to partisan gridlock or simply a lack of will, Congress is frequently jammed up and accomplishes nothing at all. This isn't at all what Madison had in mind when he crafted his vision of checks and balances. A weak Congress makes for a dangerous imbalance in the government structure, opening the door to potential tyranny. A favorability rating of 16% (as of this writing) shows that congress is VERY weak, what a mess… But I digress…

Madison warned us that maintaining this balance of power would require constant vigilance. But sadly, too many Americans have become complacent or are just uninformed. We assume the system will protect itself, but that's an incredibly dangerous assumption. If we’re not careful, the balance of power can and will tip in favor of one of the three branches, leading to the very tyranny our Founders worked so hard to prevent.

Madison's insights are a wake-up call if we pay attention! Folks we just can’t afford to ignore the warning signs—executive overreach, judicial activism, and congressional inaction are all huge red flags. We need to remember that these checks and balances are not historical relics; they are living principles that require our active participation to maintain.

So, what can we do? First, we need to hold our elected officials accountable. (if you follow RFP you’ve heard that phrase a lot lately…) This means demanding that Congress reassert its role in the legislative process and resist the temptation to pass the buck to the executive branch. We must also insist that the judiciary respects the boundaries set by the Constitution. While the courts must protect individual rights, they must do so without stepping into the role of lawmakers.  And if they do then there needs to be accountability! Somthing that seems sorely lacking these last few years.

Second, we need to educate ourselves and others about the importance of checks and balances. This isn't just political theory; it’s the foundation of our freedom. If we allow the branches to become out of balance, we risk losing the very liberties Madison and his peers fought so hard to secure.

And finally, we need to push for reforms that reinforce these principles. Whether it’s through advocating for clearer limitations on executive orders or supporting measures that ensure congressional oversight, we must take action to preserve the balance of power and in essence the survival of our republic itself.

James Madison’s vision in Federalist No. 51 was crystal clear: to prevent tyranny, power must be divided and balanced. But that balance is fragile and is failing. It’s up to us to ensure that ambition does indeed counteract ambition. We must remain vigilant, engaged, and informed, or risk seeing the very foundation of our republic crumble.

Just Sayin…