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Montesquieu's philosophy that "government should be set up so that no man need be afraid of another" [17] reminded Madison and others that a free and stable foundation for their new national government required a clearly defined and balanced separation of powers. Montesquieu was troubled by a cataract and feared going blind.
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.
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.
In his The Spirit of Law, Montesquieu maintained that the separation of state powers should be by its service to the people's liberty: legislative, executive and judicial, [94] [95] while also emphasizing that the idea of separation had for its purpose the even distribution of authority among the several branches of government. [96]
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.
The separation of powers principle functionally differentiates several types of state power (usually law-making, adjudication, and execution) and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each. [1]
The Catholic Church takes the position that the Church itself has a proper role in guiding and informing consciences, explaining the natural law, and judging the moral integrity of the state, thereby serving as check to the power of the state. [143] The Church teaches that the right of individuals to religious freedom is an essential dignity.
The Appointments Clause appears at Article II, Section 2, Clause 2 and provides:... and [the President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be ...