Montesquieu's Approach to Checks and Balances

Over the course of the semester, the class has discussed a variety of theories about legitimacy and government. In Hobbes, authority hinges on the Leviathan, with Locke, authority rests on the people and with Rousseau, an extreme version of Locke. Yet in each case, there appears to be a focus on one individual or one group of people. What institutions can enforce that the group who possesses legitimate power do not overstep their authority? Charles de Secondat, Baron de Montesquieu advocates for a solution that results in a system of government that has the sovereign not abuse his or their power. Thus, a system of checks and balances. Through his research, Montesquieu notes that each government has three powers: the legislative, the executive

It makes sense that there should be a system curbs against power abuse and his basic framework can be applied to a variety of rule, whether it be a presidential system or a constitutional monarchy. Yet I wonder what Montesquieu would say to the rise of presidential powers in the United States, especially in the 20th and 21st century. In both World Wars for example, the president obtained certain war powers that made the executive the most powerful branch during the war. While it is understandable that during a time of emergency, certain liberties have to be sacrificed for the collective security, I question if it is absolutely necessary. In President Wilson’s case, the legislative branch (Congress) still had some power since it did not pass the Treaty of Versailles, which was Wilson’s ultimate goal. Yet by President Roosevelt, he enlarged the administration of the executive and thus increased his ability to influence laws, economy and the side to which the U.S. would support, even under the banner of neutrality. Also, throughout the latter half of the 20th century and the early 21st century, the president has had the ability to send troops around the world to fight, for example, Communist uprisings, while not declaring war (Congress’s power). In recent memory, President Obama used his presidential/executive powers to simply grant amnesty to many illegal immigrants (he is not the first to