Madison describes how the judicial branch prevents the legislative branch's ambition from becoming too powerful. In other words, when courts declare a piece of legislation unconstitutional, this exemplifies the expected balance of power between different departments of government. Furthermore, if the House of Representatives impeaches the president, the judiciary decides on the matter, declaring him guilty or not. Unlike the election of the President and Representatives in the House, the Judiciary has its members appointed by state legislatures. Therefore, regarding popular participation and the separation of powers through the election of representatives, Madison did not believe that the common public had sufficient information to make these types of decisions appropriately. Even though it was a later amendment to the Constitution, this shows his indifference in this regard