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Separation of state powers: executive, legislative, judicial; classification of systems of government based on their principles Signature Charles Louis de Secondat, baron de La Brède et de Montesquieu [ a ] (18 January 1689 – 10 February 1755), generally referred to as simply Montesquieu , was a French judge , man of letters , historian ...
Madison made a few exceptions when reviewing each state in No. 47. Massachusetts's constitution agreed with Montesquieu on the separation of powers as it did not state a clear disconnect between the three branches but contained partial agencies. New York's had no declaration on the subject even though they did not have total separation either.
Marshall wrote that "a general provision may be made, and power is given to those who are to act under such general provisions, to fill up the details." Marshall's words and future court decisions gave Congress much latitude in delegating powers. It was not until the 1930s that the Supreme Court held a delegation of authority unconstitutional.
Publius quotes another argument of Montesquieu to demonstrate the philosopher's support for a confederate republic to accommodate a larger state. The author emphasizes that such a government would be several states coexisting instead of a single entity. He concludes by quoting Montesquieu's description of Lycia as a successful confederate republic.
Montesquieu's approach was to present and defend a form of government whose powers were not excessively centralized in a single monarch or similar ruler (a form known then as "aristocracy"). He based this model on the Constitution of the Roman Republic and the British constitutional system. Montesquieu took the view that the Roman Republic had ...
Rev. J. V. Prichard. ("Based on a public domain edition published in 1914 by G. Bell & Sons, Ltd., London. Rendered into HTML and text by Jon Roland of The Constitution Society.") Accessed May 16, 2007. A Montesquieu Dictionary, Société Montesquieu, open access: "Archived 2022-02-27 at the Wayback Machine" Montesquieu: The Spirit of Law. Trans.
Government's duty under a social contract among the sovereign people was to serve the people by protecting their rights. These basic rights were life, liberty, and property. [91] Montesquieu's influence on the framers is evident in Madison's Federalist No. 47 and Hamilton's Federalist No. 78.
Frontispiece and title page of 1748 edition. Initially, Montesquieu only intended on writing a few pages on the topic. [1] However, the size of his topic overwhelmed him, so he chose to expand the scope of his writing from the beginnings of the Roman Republic to the decay of the late Roman Empire. [1]