Montesquieu+-+Spirit+of+Laws

Montesquieu was a French political philosopher who believed liberty was only safe in small societies governed either by direct democracy or by large legislatures with small districts and frequent turnover among member. He believed that if the legislative and executive powers are controlled by the same person or persons that there can be no liberty. If they were to be controlled by the same person or persons the government could turn into a tyrannical government. Therefore Montesquieu felt strongly that there must be **separation of powers** in government.


 * Basic Principle or Right**
 * There should be 3 branches - legislative, executive, and judiciary.
 * The prince or magistrate can amend or revoke a law that is already intact, he is responsible for foreign affairs and can punish criminals.
 * All of the branches need to stay separated in all ways, if they are to combine they will become two powerful.


 * In the Constitution**
 * Separation of Powers (Article I-III)
 * The President, executive branch, is Commander in Chief and deals with foreign affairs and can pardon treaties and appointments. (Article II Section II)
 * Checks and Balances (Article I Section IX, Article II Section III)