Baron De Montesquieu's Impact On The US Constitution

"The accumulation of al powers, legislative, executive, and judiciary... Liberty requires that the three great departments of power should be separate and distinct " (James Madison- Document B). The Legislative hold Congress, the Senate and the House of Representatives. The Judiciary holds the Supreme Court. Lastly, the Executive branch holds the Vice President and the President of The United States of America. By separating the three powers you keep one person, or group from gaining too much

The idea about separation of powers is established through the three branches of government. These three branches are legislative, executive, and judicial. Document B shows that each branch has their own specific powers. The legislative branch holds power regarding the Senate and House of Representatives. The executive branch is home of the President and deals with the congress. The judicial branch has control over the supreme court and appointing judges. The three branches of government fight against tyranny by ensuring that no one branch has too much power over the other

The idea that Montesquieu is describing is that of the separation of powers into three different branches: executive, legislative, and judicial. Each branch would have different powers, and the branches would balance each other out and keep them in check. It is important that one branch does not become too powerful.

The Separation of powers on its own could not prevent tyranny. Although, the branches of power we distinct and unique, they “[Were not to be] so far separated as to have no constitutional control over each other.” The

Furthermore, a government with separation of powers can be divided into three groups the legislative, executive and the judicial branch. Each branch has a different role in the government. One makes the laws,

While this division has been created to give structure to the government and ensure its smooth and effective functioning, there is, more importantly, the need to keep the power of the branches in check and to make them accountable to each other. There is a system of ‘checks and balances’ that comes into play with this segregation of duties and separation of power. This system’s inception has been attributed to Montesquieu. (Wikipedia.org)

The constitution splits the power given to national government into three branches, which are separate from each other: the legislature, the executive, and the judiciary. The separation of powers was based on the ideas of Montesquieu, with him ‘L’esprit de lois’ which means the spirit of the law. The executive plays the role of administrating law. The president does this in many ways , for example he; executes federal laws and programs, conducts foreign policy , commands the armed forces, negotiates treaties and other such roles. Checks and balances another main factor of the constitution comes in here, as the people get to keep a check on the president every 4 years with the presidential election, which stops any tyranny of powers. This can also be seen in another branch of government. The legislature passes law, this is done through congress. Congress is made up of the Senate and the House of Representatives. Its roles include;

One of the most important principle of the Constitution is the separation of powers. This principle divides power between the legislative, executive and judicial Branch and each branch has its own duty. The separation of powers was established to prevent the concentration and abuse of power by any one branch. For example, the legislative branch is responsible for making laws, whereas, the judicial branch is responsible for enforcing laws (Article 1 & 3). On the other hand, the executive branch cannot make laws, but it can

In 1787, the founding fathers of our great nation developed the Constitution. The Constitution was not only a document, but a new beginning for our nation. By introducing a completely new ruling document for the United States of America, many different opinions arose. To establish widespread support of the Constitution, many provisions such as the separation of powers were included to limit the power of the central government. Separation of powers is a fundamental element of our nation that was introduced by the philosopher, Montesquieu. The element of separation of powers is embodied in the Constitution within Articles I, II, and III by establishing three branches of government. The three branches are supposed to act independently of one another

Montesquieu made it extremely clear that “there can be no liberty, where the legislative and executive powers are united in the same person, or body of magistrates” or “if the power of judging, be not separated from the legislative and executive powers.” (Qtd. in Woll 43) If the branches were to be controlled by the same individuals, we would lose the standards of a free constitution. Madison was concerned over the same thing so with Montesquieu, concocted the widely renowned system of Checks and Balances.

The Separation of Powers was derived to ensure that not one branch of government had too much power. "The concept of Separation of Powers is embodied in the Constitution in the 1st Article, in the 2nd Article, and in the 3rd Article"(Mount). "Article 1 established the Legislative branch of government"(Mount),which makes the law. "Article 2 established the Executive branch of government"(Mount),which executes the law and "Article 3 established the Judiciary branch of government"(Mount), which interprets the law. Power is shared between the three branches. The power of one branch can be challenged by another and each branch has an effect on the other. This is also known as checks and balances. By creating three branches of government, the

It first started by adding the idea of separations of powers to the constitution inspired from a French enlightenment philosopher’s doctrine. His name was Montesquieu and in his doctrine he described how “creating a system of separation of powers was the best way to protect liberties and from preventing the government to overpower” (Warren, 2007). This later evolves by bringing in cases into the Supreme Court that puts the powers of the branches into the test, proving that the separation of powers establishes limitations on government power.

The Framers of the United States Constitution recognized the need for separate powers as well as checks and balances among the executive, legislative and judicial branches. Even Thomas Jefferson, who had mixed feelings about the constitution, was quoted in a letter to James Madison stating the need for separation, “The principle of the Constitution is that of a separation of legislative, Executive and Judiciary functions, except in cases specified. If this principle be not expressed in direct terms, it is clearly the spirit of the Constitution, and it ought to be so commented and acted on by every friend of free government.” In other words, to have a free government the constitution should not place power in a specific area and divide that power equally within the government. This was first introduced in the Articles of the Constitution. Ensuring that nothing could pass into law without a powerful national consensus. This was perceived to be a system that was fair and equal for all. For example the thee branch system of the United States government sanctions the Legislative Branch of Congress which creates the laws, and in addition are checked and able to be vetoed by the Executive Branch, The Judicial Branch, who can formally charge

Charles-Louis Montesquieu lived in 18th century France and became one of the most influential political philosophers due to his influence on the creation of American government. Throughout his lifetime, Montesquieu wrote several books addressing various political topics. One such book, Lettres Persanes, has presented a challenge for many who read it. The language itself is easily understood; however, the true quest has been uncovering the underlying theme unifying the individual letters. The book addresses several issues through the use of satire, with the primary topic being the political corruption in France. While this is definitely part of the partially discovered theme, Montesquieu also addresses the volatile state of religion in France in this work. Pauline Kra, whose career focused on studying both Montesquieu and Voltaire, claims that there is a complex chain of ideas linking each letter. For many historians, such as Pauline Kra and Randolph Runyon, the purpose of delving into Lettres Persanes has been to uncover and solidify the connections through the letters. Few, if any, have examined and attempted to interpret the religious views Montesquieu presents in this novel. Based upon literary evidence, Montesquieu is conveying through the Lettres Persanes that there should be religious tolerance due to the similarities between most religions despite his agnosticism.

Government power should never be too concentrated is the main point in America. It means that the President should never make all the decisions, but must have the other three branches help, too. Philosopher Baron de Montesquieu, a man born in France in 1689, wanted the power of the President to be split into three powers. With the three powers, it would keep the President in check from making bad laws and taxes, and not to abuse his/her’s power.