There are those today which inaccurately believe that this is the 3 coequal branches of government that empowers the President and their administration as the Established Government Authority to make the decisions of our government, to lead and govern as they see fit based upon their own ideological positions and supporters.
There is nothing further from the truth!
When we review Federalist #51, “The Organization of Government into Deferent Departments”, Madison c.1788, we find that Madison explains that it’s impossible to arm each department with the powers necessary to defend itself from the encroachment and usurpations of the other departments, and for this reason, the legislative authority necessarily predominates;
[But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit.]
Madison goes further to explain that the Senate is the predominant branch in that republican form of government, and that he knew of no long lived republic that did not have a Senate.
The Republican Form of Government Madison is referring to is a Confederated (compound) Republic, which is the highest form of democratic and republican forms of government as it has characteristics of both. This form of government has nothing to do with the executive and judicial departments which are subordinate to the legislative department. What we must also realize is that this Confederated Republican assembly is not the only assembly in congress, the original Confederate assembly was retained to continue to make the collective decisions of a free and independent state; levying war, concluding peace, contracting alliances, establishing commerce, and any other Acts and Things which an independent state may by right do, which governs how the States act together as the Union when interacting with foreign nations and entities through treaties. These two Federal Government assemblies act independently and simultaneously in congress and only interact with each other when it’s necessary when the appropriation of revenue is a factor in the collective decisions which are made by the States as the Union as part of the treaty.
A confederate assembly forms a discrete democracy, all the States as the Union, all the States are members of the Union, all the States are assembled in the union as equals with equal suffrage to reach a majority consensus of all the States as the Union. A Confederated Republic is the confederation of republics, and each State itself must therefore be a republic, meaning the Most Numerous Legislative Branch must be an assembly of an exact representation of the Population of the State, “The People in their Collective Capacity”, which is assembled by the republican principle of per capita apportionment of representation and suffrage based upon an enumeration.
This Confederate Republican form of government must be assembled in a bicameral legislature where the Most Numerous Legislative Branch is assembled by the republican principle of per capita apportionment based upon an enumeration, a census, to determine the percentage of the population that resides in each district, (State, Counties, Cities), and each district is also assembled in an equal branch for concurrence. This forms an iterative legislative process where the popular branch performs the duties of the quorum to identify and rank choices and form a ballot of the top choices for the members to consider and determine a choice by vote after deliberations, 1 vote per district, and a majority of the districts is necessary to the choice. Today it only requires the proportional votes of the 9 largest States to form a majority to determine the scope and cost of any measure, however when that measure is transmitted to the Senate, there are 41 smaller States to reject that measure and return it to the House for reconsideration along with amendments to clarify what the smaller States would consider appropriate and give their concurrence. This iterative process then continues until the measures that are passed by the House also have the concurrence of the Senate.
This is the same process that a purely democratic system utilizes, a quorum of the members identify and rank choices to form a ballot for all the members to consider and determine a choice by vote, 1 vote per member, however, the larger States would have no control over the scope and cost of those measures, so the confederated republican system only gives the large States the power to say no, it does not give them the power to impose their agenda on the smaller States. This balance of the interest of the large and small states is what constitutes legislative checks and balances, the States must work together to determine a solution which is acceptable to both the large and small States, that’s why it’s considered a More Perfect Union, because it addresses the disparity which exists between the large and small States in their population and wealth by normalizing the States based upon a common factor, each States proportion of the population, allowing them to truly be joined as equals, however, the democratic assembly still has the power of concurrence over all collective decisions made by their Union.
Madisonian Democracy is still democracy because it’s a democratic form of government, because the Senate, a discrete democracy of the States, has the Power of Concurrence over all laws and all treaties!