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Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined authority to check the powers of the others.
Château de la Brède, Montesquieu's birthplace. Montesquieu was born at the Château de la Brède in southwest France, 25 kilometres (16 mi) south of Bordeaux. [4] His father, Jacques de Secondat (1654–1713), was a soldier with a long noble ancestry, including descent from Richard de la Pole, Yorkist claimant to the English crown.
Montesquieu's treatise, already widely disseminated, had an enormous influence on the work of many others, most notably: Catherine the Great, who produced Nakaz (Instruction); the Founding Fathers of the United States Constitution; and Alexis de Tocqueville, who applied Montesquieu's methods to a study of American society, in Democracy in America.
Madison states Montesquieu used the British government as an example of separation of powers to analyze connections between the two. Madison quotes Montesquieu in The Spirit of Law as saying the British are the "mirror of political liberty." Thus, Montesquieu believed that the British form of separation of powers was of the utmost caliber.
Montesquieu extensively compares the Roman civilisation to other civilisations, usually its enemies (including Carthage, Greece, and Macedon), throughout the course of the book. In Chapters I to X, Montesquieu postulates that the wealth, military might and expansionist policies, which were by most historical accounts a source of great strength ...
By far the most important French sources to the American Enlightenment were Montesquieu's Spirit of the Laws and Emer de Vattel's Law of Nations. Both informed early American ideas of government and were major influences on the U.S. Constitution. Voltaire's histories were widely read but seldom cited.
Montesquieu's influence on the framers is evident in Madison's Federalist No. 47 and Hamilton's Federalist No. 78. Jefferson, Adams, and Mason were known to read Montesquieu. [92] Supreme Court Justices, the ultimate interpreters of the constitution, have cited Montesquieu throughout the Court's history. [93] (See, e.g., Green v.
As one historian writes: "The American adoption of a democratic theory that all governments derive their just powers from the consent of the governed, as it had been put as early as the Declaration of Independence, was epoch-marking". [35] [37] The American Revolution had its impact on the French Revolution and later movements in Europe. [38]