It then asks how this tendency can be stopped, in order to preserve the "separate and distinct" quality of the branches of government.

As an aside from the main argument, the paper notes that the danger of the legislative branch taking over has not been thought about by the "founders of our republics", i.e. the people who wrote the thirteen state constitutions.

The paper offers a number of reasons why legislative over-reaching is more likely in a "representative republic", as distinct from other types of government.

These reasons include the claim that the legislature is "sufficiently numerous to feel all the passions which actuate a multitude, yet not so numerous as to be incapable of pursuing the objects of its passions" and that its powers are both "more extensive, and less susceptible of precise limits".

The Virginia example is primarily a long quote from Thomas Jefferson's Notes on the State of Virginia, in which he corroborates the claims of the paper, explaining, for example, that "an elective despotism was not the government we fought for; but one which should not only be founded on free principles, but in which the powers of government should be so divided and balanced among several bodies of magistracy as that no one could transcend their legal limits without being effectually checked and restrained by the others."