The purpose of the vertical separation of power is the same as the purpose of the horizontal separation of power (executive, legislative and judicial); the use of structure to create opposing forces to prevent the creation of a consolidated power that would lead to tyranny. Thomas Jefferson once wrote, “Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.” He also wrote, “An elective despotism was not the government we fought for, but one which should not only be founded on true free principles, but in which the powers of government should be so divided and balanced among general bodies of magistracy, as that no one could transcend their legal limits without being effectually checked and restrained by the others.”
Within this notion of Federalism, the natural tendency towards consolidation must be in place in order to keep this vertical alliance. This is why we have laws, for example, to prevent the creation of monopolies but we need not worry about laws to prevent the breakup of near monopolies. James Madison in the Federalist Papers wrote, “Thus, each of the principal branches of the federal government will owe its existence more or less to the favor of the State governments, and must consequently feel a dependence, which is much more likely to beget a disposition too obsequious than too overbearing towards them.”
James Wilson once wrote about this vertical pyramid structure, “The pyramid of government-and a republican government may well receive that beautiful and solid form-should be raised to a dignified altitude: but its foundations must, of consequence, be broad, and strong, and deep. The authority, the interests, and the affections of the people at large are the only foundation, on which a superstructure proposed to be at once durable and magnificent, can be rationally erected.”
If we look at government as a corporation, the notion of vertical separation of power becomes all the more logical and beneficial. It allows different parts of the organization to adapt to regional changes and pressures. Mashed potatoes, a general staple of KFC in the United States may not sell well in Japan and it may be necessary to substitute French fries in their menus and advertisements. The ability to be able to have local laws for the needs of local conditions as well as the ability to “roll out” new products (in the case of corporations) or laws (in the case of governments) to select areas in order to proof them before the are adopted by the whole.
The opposite of this notion is total control by the central authority (centralism). In the corporate world such a notion is often given a rather derogatory term, “micro management.” In more governmental terms the end result is often despotism.
Lou Dobbs wrote in 2007, “James Madison and our Founding Fathers would be proud that our republic remains, at least in part, functional and still capable of being public-spirited. Whereas states' rights have at times in our history been the refuge of those committed to the status quo, and at times used to retrograde impulses, the 10th Amendment to the Constitution, which insures states' rights, now appears to be our brightest hope for an enduring republic.”
But a government is more than a corporation because it is in effect “run” by the customers, or in effect by the people. This is important, because we need to have a government “of the people, by the people and for the people” without leading to the mob rule of unfettered democracy. Fisher Ames wrote in 1788, “The known propensity of a democracy is to licentiousness which the ambitious call, and ignorant believe to be liberty.”
The principle of both vertical and horizontal separation of powers is both logical and reasonable from a programming and design standpoint and all good long lasting systems must be designed with reasonable structures that ensure smooth operations of all functions across as well as up and down the hierarchy. If this is true for impersonal systems how much more for systems and organizations of men who, if left to their own devices would always attempt to cheat the system and gain more power for themselves than is properly needed for the performance of their function within the structure.
