James Madison insists that we cannot trust written law to contain power, or what he calls “parchment barriers.” We might know what the law is, and we might even feel tremendous guilt about breaking it even if we’re never caught, but at the end of day, law is basically weak in the face of human badness. But is that true? People are mostly law-abiding, and they feel a keen responsibility to obey the law when they hold power, don’t they? So if the law of separation of powers says plainly to each branch of government “Though Shalt Not Mess with the Other Two Branches!” what made Madison think politicians wouldn’t obey such a clear command?
James Madison is very pessimistic about politicians in these Federalist Papers, and about people in general when they are given any kind of power. We are already depraved and sinful, and power only makes people worse. But is he right about that? Isn’t there a certain kind of person who is not corrupted by power, and can use it for the public good without needing to be checked? He claimed that “men are not angels,” but can’t certain people become slightly more angelic? Maybe through the right political ideology, party membership, or maybe education?