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Principles of the American Government
12 September 2002
Montesquieu's Spirit of the Laws as an Influence of the U.S. Constitution
Almost all of the framers of the United States Constitution were well educated and well read. It is understandably so that many would have read Montesquieu's Spirit of the Laws, a book that deals not only with laws, but also with governments. This book contains many ideas of which include: the separation of powers in a government, why these powers should be separated, and other minor items that influenced the framers of the United States Constitution. Probably the most well known of these ideas, are the separation of powers. Thus it can be concluded that Montesquieu's main influence to the United States Constitution, would be the idea of having a government composed of three separate powers so as to make sure that their government (the United States) would not become the one that they just got rid of.
The separation of power is an idea that divides the power of the government among three branches. These branches are the legislative, executive and judicial branches. The legislative branch is in charge of making laws. The executive branch is the part of the government that enforces these laws, and the judicial branch is composed of the courts that determine how the law should be looked at.
"The problem of the distribution of the power of a society, so as to be most favorable to liberty, cannot be solved so long as too much power is given to a single man." (Constitution Society) So how would the framers keep these powers balanced? It was written that:
Madison in Federalist 47, the 1st essay devoted exclusively to separation of powers, endorsed the very same line of reasoning: the reasons on which Montesquieu's grounds his maxim are a further demonstration of his meaning. "When the legislative and executive powers are united in the same person or body, there can be no liberty, because apprehensions may arise lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner" (Carey 61).
Also that "Madison was not content with a flimsy separation of powers that lunging politicians could smash through like paper." He wanted some sort of barrier to ensure that these branches do not take over any of the other branches, "…and the ultimate and impossible barricade was a system of checks and balances…" thus this system was embedded into our constitution. In order for us to understand why the framers did this, we can look at George Carey's In Defense of the Constitution: "The accumulation of all powers legislative, executive and judiciary, in the same hands, whether of one, a few or many and whether hereditary, self appointed, or elective," Madison wrote in Federalist 47 "may justly be pronounced the very definition of tyranny" (Carey 58). To put another tyrant in place of the tyrant that we (the United States) had just gotten rid of would be an injustice to the American people. "We may say then, that the chief end sought through separation of powers was avoidance of capricious and arbitrary government." (Carey 61)
The Constitution clearly says that the legislative powers are to be vested in a Congress which is in turn to be composed of two houses: The Senate, in which each state is represented equally, and the House of Representatives in which each state is represented by the number of people living in that state. They are the branch of government that makes the laws of the United States. If left unchecked, this branch of government could make laws that can further the representative's greedy ambitions rather then the state's that they represent. "The legislative body, being composed of two parts, they check one another by the mutual privilege of rejecting" (Montesquieu 160). This makes sure that each law that comes out cannot deal with just the number of people in a state, but with all the states equally. Also "Were the power of the judging joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control" (Carey 61).
The Legislative branch is does not just deal with making laws, but also has many other important powers. According to the Constitution, Congress can declare war, lay and collect taxes, duties, imposts and excises, to pay the debts, and provide for the common defense and general welfare of the United States. It also states
12 September 2002
Montesquieu's Spirit of the Laws as an Influence of the U.S. Constitution
Almost all of the framers of the United States Constitution were well educated and well read. It is understandably so that many would have read Montesquieu's Spirit of the Laws, a book that deals not only with laws, but also with governments. This book contains many ideas of which include: the separation of powers in a government, why these powers should be separated, and other minor items that influenced the framers of the United States Constitution. Probably the most well known of these ideas, are the separation of powers. Thus it can be concluded that Montesquieu's main influence to the United States Constitution, would be the idea of having a government composed of three separate powers so as to make sure that their government (the United States) would not become the one that they just got rid of.
The separation of power is an idea that divides the power of the government among three branches. These branches are the legislative, executive and judicial branches. The legislative branch is in charge of making laws. The executive branch is the part of the government that enforces these laws, and the judicial branch is composed of the courts that determine how the law should be looked at.
"The problem of the distribution of the power of a society, so as to be most favorable to liberty, cannot be solved so long as too much power is given to a single man." (Constitution Society) So how would the framers keep these powers balanced? It was written that:
Madison in Federalist 47, the 1st essay devoted exclusively to separation of powers, endorsed the very same line of reasoning: the reasons on which Montesquieu's grounds his maxim are a further demonstration of his meaning. "When the legislative and executive powers are united in the same person or body, there can be no liberty, because apprehensions may arise lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner" (Carey 61).
Also that "Madison was not content with a flimsy separation of powers that lunging politicians could smash through like paper." He wanted some sort of barrier to ensure that these branches do not take over any of the other branches, "…and the ultimate and impossible barricade was a system of checks and balances…" thus this system was embedded into our constitution. In order for us to understand why the framers did this, we can look at George Carey's In Defense of the Constitution: "The accumulation of all powers legislative, executive and judiciary, in the same hands, whether of one, a few or many and whether hereditary, self appointed, or elective," Madison wrote in Federalist 47 "may justly be pronounced the very definition of tyranny" (Carey 58). To put another tyrant in place of the tyrant that we (the United States) had just gotten rid of would be an injustice to the American people. "We may say then, that the chief end sought through separation of powers was avoidance of capricious and arbitrary government." (Carey 61)
The Constitution clearly says that the legislative powers are to be vested in a Congress which is in turn to be composed of two houses: The Senate, in which each state is represented equally, and the House of Representatives in which each state is represented by the number of people living in that state. They are the branch of government that makes the laws of the United States. If left unchecked, this branch of government could make laws that can further the representative's greedy ambitions rather then the state's that they represent. "The legislative body, being composed of two parts, they check one another by the mutual privilege of rejecting" (Montesquieu 160). This makes sure that each law that comes out cannot deal with just the number of people in a state, but with all the states equally. Also "Were the power of the judging joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control" (Carey 61).
The Legislative branch is does not just deal with making laws, but also has many other important powers. According to the Constitution, Congress can declare war, lay and collect taxes, duties, imposts and excises, to pay the debts, and provide for the common defense and general welfare of the United States. It also states
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