preview

Spirit Of The Laws Montesquieu Analysis

Decent Essays
According to the author of the Spirit of the Laws, Charles Montesquieu believed that “Political liberty is to be found only in moderate governments; and even in these it is not always found. It is there only when there is no abuse of power.” (Montesquieu). To prevent the abuse of power, the system of checks and balances was developed so that each branch of government can keep the other in check, to ensure that no branch became more powerful than the other. Checks and balances are necessary to the establishment of government because when the power of the authority is limited, higher law is promoted. For instance, “MEN being, as has been said by nature, all free, equal, and independent, no one can be put out of this estate… without his consent.”…show more content…
In fact, the Congress also has the power “to declare war.” (“Constitution”). In a state of necessity or emergency, Congress is the only branch that can declare a war. This power was issued to Congress so that a balance between the president and Congress could be established. “The Congress shall [also] have power… To make all laws which shall be necessary and proper…” It might be “necessary and proper” for Congress to pass a bill requiring citizens to serve in the armed forces since the legislative branch holds the power to raise and support an army (133). Aside from the powers that were given, The Constitution also consists of clauses that limit the power of Congress. When the Congress creates “necessary and proper” laws, these bills have to go through a process which is called judicial review. “The Court may say that the Constitution does not give Congress the right to pass such a law. In this case, the law can no longer be carried out or enforced.” (134). Another limit to Congress is…show more content…
Additionally, the Supreme Court has original jurisdiction “In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party…” Although they have major decisions in cases, the most important power of the judicial branch of government is judicial review. Judicial review is the ability to declare laws unconstitutional. They interprate the laws that Congress creates and they have the power to declare that a law is void because it violates the U.S Constitution. Regardless of this power, the Congress can amend the Constitution to make the law Constitutional. Granted this, “The trial of all crimes, except in cases of impeachment, shall be by jury…” (“Constitution”). The Supreme Court can handle any cases other than impeachment trials because the third section of the first article in the Constitution states that “the Senate shall have the sole Power to try all Impeachments…” Thus, the Supreme Court’s power to hearing a case is also limited by the
Get Access