Why the Founders Divided Power and Why It Still Matters for Public Administration Today

by Dr Shellie Bowman Sr

One of the most enduring contributions of the American Founders was not simply the creation of a new government, but the deliberate design of restraint within that government. At a time when concentrated power had repeatedly led to abuse, the Constitution established three coequal branches of government, each distinct in function, yet interdependent in authority. This structure was not accidental. It was a direct response to historical experience and a safeguard against tyranny.

In The Federalist No. 51, James Madison argued that liberty is best preserved not by assuming virtue in leaders, but by structuring government so that power checks power. “Ambition must be made to counteract ambition,” Madison wrote, recognizing that human nature itself required institutional limits (Madison, 1788/2003). The legislative, executive, and judicial branches were therefore designed to share power while preventing its consolidation.

For contemporary public administration, this constitutional architecture remains foundational. Administrators operate within a system where authority is intentionally fragmented. Agencies derive power from legislative mandates, execute policy under executive direction, and remain subject to judicial review. This dynamic reinforces accountability, even when it introduces complexity or delay.

Alexander Hamilton emphasized the stabilizing role of an independent judiciary in The Federalist No. 78, arguing that courts serve as guardians of the Constitution by interpreting law rather than making it (Hamilton, 1788/2003). In modern governance, this principle constrains administrative overreach and protects citizens from arbitrary or unlawful action. Judicial review of agency decisions, from regulatory enforcement to benefits adjudication, reflects this original constitutional logic.

Equally important is the Founders’ commitment to federalism. Power was not only divided horizontally among branches, but vertically between the federal government and the states. In The Federalist No. 39, Madison described the Constitution as neither wholly national nor wholly federal, but a careful blend of both (Madison, 1788/2003). This structure allows states to retain meaningful authority while participating in a unified national system.

For citizens, federalism shapes everyday experience. Education policy, public health responses, transportation infrastructure, and local law enforcement often reflect state and local discretion within federal frameworks. While this can produce variation and, at times, inequity, it also enables responsiveness to local conditions and democratic participation closer to home. From a public administration perspective, federalism requires coordination, negotiation, and respect for jurisdictional boundaries.

Taken together, checks and balances and federalism form the constitutional environment in which public administrators work. These principles remind us that efficiency is not the sole value of governance. Accountability, legitimacy, and public trust are equally essential. The Founders understood that durable government depends not on unchecked authority, but on systems that balance power with responsibility.

As contemporary challenges grow more complex, from technological governance to intergovernmental crises, the constitutional design articulated in the Federalist Papers remains relevant. It offers a framework for navigating power, protecting rights, and ensuring that public administration serves the people rather than itself.

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