“To what expedient, then, shall we finally resort, for maintaining in practice the necessary partition of power among the several departments, as laid down in the Constitution? The only answer that can be given is... by so contriving the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places.”
—Publius (James Madison), Federalist No. 51, 1788
Which of the following constitutional mechanisms best embodies the principle described in the excerpt?
- The presidential power to veto legislation passed by CongressAnswer
- BThe division of sovereign power between the federal government and state governments
- CThe establishment of a unicameral legislature with equal representation for each state
- DThe strict constructionist view that limits federal actions to explicitly enumerated powers
Answer
The presidential power to veto legislation passed by Congress
The correct answer refers to the presidential veto, which is a classic example of checks and balances. In Federalist No. 51, James Madison argues that the best way to maintain the separation of powers is to give each branch the constitutional means to resist encroachments by the others. The veto allows the executive branch to prevent Congress from overstepping its bounds, illustrating how the departments use their mutual relations to keep each other in their proper places.
Step-by-Step Solution
Key Concept
Checks and Balances and Separation of Powers