Week 4.322

In Chapters 6 and 7 of Davidson et al. describe the organization of Congress and committees along party lines. Leaders are said to “stand at the intersection of the two Congresses” (155) and face the task of resolving the collective action problem of members who “want to dodge the responsibility for making the compromises necessary to pass legislation” by “devising sufficient incentives (political, policy, or procedural) to attract majority support” (132f). However, Davidson et al. concludes, “typically party leaders cannot command their colleagues. Their leadership rests chiefly on their skill in giving others reasons to follow them” (161).

You might consider this an implicit limitation imposed on Congress by the political process. Remember, Chapter 2 describes limits on Congress, both explicit and implicit. Explicit limits on the power of Congress include prohibitions against bills of attainder and ex post facto laws, but Davidson (22) also notes that the political process and dependence on the people is an implicit limitation and cites The Federalist No. 51.

The Federalist No. 51 concludes with a discussion of the separation of powers. The separation of powers is implicit in the Constitution, and the Court has relied principally on The Federalist Papers for understanding it and the implicit limitation that “it is the reason of the public alone that ought to control and regulate the government” (No. 49).

After reviewing the course readings on The Federalist Papers, select 1 of the following structural elements from The Federalist Papers: large republic, free suffrage, length of term, or size of Congress. Explain how the chosen structural element contributes to meaningful deliberation and the public good.