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Montesquieu
Here are a few things that you should know about Montesquieu:
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He was born in France on January 18, 1689 and died February
10, 1755
One of his strong beliefs is that government should be broken into
separate parts so no one part gets too powerful.
He had a hand in influencing the writers of constitutions all over
the world including James Madison.
He separated administrative government into the executive,
judicial and legislative branches.
While he believed that women would be effective governmental
leaders, I also believed that a man should run the household.
Please answer these questions regarding my influence on modern
American government after reading this article: (Source is Wikipedia)
Separation of powers is the political doctrine under which the executive,
legislative and judicial branches of government are kept distinct, to prevent
abuse of power. This U.S. form of separation of powers is sometimes also
known as checks and balances.
During the Age of Enlightenment, several philosophers, such as John Locke
and James Harrington, advocated the principle in their writings, whereas
others, such as Thomas Hobbes strongly opposed it. Montesquieu was one of
the foremost supporters of separating the legislature, the executive and the
judiciary. His writings considerably influenced the opinions of the framers
of the United States Constitution.
Checks and balances
Separation of powers is not absolute; it is instead qualified by the doctrine of
checks and balances. James Madison wrote that the three branches "should
not be so far separated as to have no constitutional control over each other."
The system of checks and balances is designed to allow each branch to
restrain abuse by another branch.
Legislative
Executive
Judicial
 Writes and
 May veto laws
 Determines which laws
enacts laws
 May not
Congress intended to
 Enacts taxes,
refuse to
apply to any given case
authorizes
spend money
 Determines whether a
borrowing, and
allocated for
law is unconstitutional
sets the budget
certain
 Determines how
 Has sole power
purposes
Congress meant the law
to declare war
 Wages war at
to apply to disputes
 May start
the direction
 Determines whether
investigations,
of Congress
what Congress has
especially
(Congress
legislated is
against the
makes the
unconstitutional
executive
rules for the
 Determines how a law
branch
military)
acts to determine the
 Often appoints
 Makes decrees
disposition of prisoners
the heads of the
or declarations
 Determines how a law
executive
(for example,
acts to compel testimony
branch
declaring a
and the production of
 Sometimes
state of
evidence
appoints judges
emergency)
 Determines how laws
 Ratifies treaties
and
should be interpreted to
promulgates
assure uniform policies
lawful
in a top-down fashion
regulations
via the appeals process,
and executive
but gives discretion in
orders
individual cases to low Often appoints
level judges. (The
judges
amount of discretion
 Has power to
depends upon the
grant pardons
standard of review,
to convicted
determined by the type
criminals
of case in question.)
 Polices its own members
 Is never immune to
arbitrary dismissal by
Congress through
impeachment
proceedings
Questions: Please answer on a separate piece of paper
1. What is the purpose of separation of power? (2-3 sentences)
2. a. What branch appoints judges?
b. What branch determines if a law is constitutional?
c. What branch appoints heads of the executive branch?
3. What is meant by the term "checks and balances"? (2-3 sentences)
4. What is a constitution? (look it up)
5. Does separation of power work in the United States of America
today? Why or Why not? (2 paragraphs using 4 specific examples of it
working or not working)