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Château de la Brède, Montesquieu's birthplace. Montesquieu was born at the Château de la Brède in southwest France, 25 kilometres (16 mi) south of Bordeaux. [4] His father, Jacques de Secondat (1654–1713), was a soldier with a long noble ancestry, including descent from Richard de la Pole, Yorkist claimant to the English crown.
Montesquieu's treatise, already widely disseminated, had an enormous influence on the work of many others, most notably: Catherine the Great, who produced Nakaz (Instruction); the Founding Fathers of the United States Constitution; and Alexis de Tocqueville, who applied Montesquieu's methods to a study of American society, in Democracy in America.
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined authority to check the powers of the others.
Separation of powers was the equivalent of prosperity to him. Madison states Montesquieu used the British government as an example of separation of powers to analyze connections between the two. Madison quotes Montesquieu in The Spirit of Law as saying the British are the "mirror of political liberty." Thus, Montesquieu believed that the ...
"Consent of the governed" is a phrase found in the 1776 United States Declaration of Independence, written by Thomas Jefferson.. Using thinking similar to that of John Locke, the founders of the United States believed in a state built upon the consent of "free and equal" citizens; a state otherwise conceived would lack legitimacy and rational-legal authority.
In contrast, Victoria F. Nourse has argued that the Vesting Clauses do not create the separation of powers, and it actually arises from the representation and appointment clauses elsewhere in the Constitution. [2] [additional citation(s) needed]
Montesquieu argues that each Power should only exercise its functions. He was quite explicit here: [ 22 ] When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute ...
Children born to an unknown father (spurius) did count toward a woman's number of children under the jus trium liberorum. [20] A child considered to be a portentum (literally a monster or monstrous being [ 21 ] ) was not considered to be a human but still counted toward the mother's number of children under the jus trium liberorum .