How Is Montesquieu Related To The Constitution

The Constitution is the basis of the American government. The document establishes rights and laws that remained for more than 200 years. The document drew inspiration from popular philosophies and other notable documents from the time. The Constitution was influenced by the ideas of Montesquieu, the English Bill of Rights, and the Articles of Confederations. The Spirit of Laws by Baron de Montesquieu detailed the issue of power distribution in the government. Montesquieu believed a separation of power would produce a stable government. It was a way to protect the rights of the people because “there is no liberty, if the judiciary power be not separated from the legislative and executive” (Montesquieu). To avoid a power concentration, checks and balances were written in to the Constitution. Montesquieu’s theory provided the safeguard from dictatorial reign. The English Bill of Rights is a list of rights given to the citizens of Britain. It limited power of the monarch, right to representative government, and provided other civil rights. Many of these rights were carried over to the Constitution. Both documents installed liberties to the people that the governments cannot infringe upon. To grant unalienable rights meant power truly come from the

It established a weaker central government and each state kept “its sovereignty, freedom and independence” (LOC). It lasted only 8 years due to critical flaws that led to the Articles being ineffective. The need for modifications in the government’s central document led to the creation of the Constitution as it’s known today. To run smoothly, a stronger central government needed to be established and more power and unity needed to be made. By learning from their mistakes, the writers created a stronger document that addressed the problems and helped to create a better