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Montesquieu emphasized the idea of having liberty. In his mind, in order to do this, you need to have three branches of government that act separately from each other- legislative, executive, and the judicial branch. The legislative branch is in charge of making laws and changing existing laws.
The executive branch is the highest power. In this branch, they are able to reject laws, appoint government officals, negotiate deals with other countries, etc. The judicial branch is in charge of upholding the constitution and interpreting it with cases they are presented with.

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&nbsp&nbsp&nbsp&nbsp&nbsp Charles Louis de Secondat was born in Bordeaux, France, in 1689 to a wealthy family. Despite his family's wealth, de Decondat was placed in the care of a poor family during his childhood. He later went to college and studied science and history, eventually becoming a lawyer in the local government. De Secondat's father died in 1713 and he was placed under the care of his uncle, Baron de Montesquieu. The Baron died in 1716 and left de Secondat his fortune, his office as president of the Bordeaux Parliament, and his title of Baron de Montesquieu. Later he was a member of the Bordeaux and French Academies of Science and studied the laws and customs and governments of the countries of Europe. He gained fame in 1721 with his Persian Letters, which criticized the lifestyle and liberties of the wealthy French as well as the church. However, Montesquieu's book On the Spirit of Laws, published in 1748, was his most famous work. It outlined his ideas on how government would best work.

&nbsp&nbsp&nbsp&nbsp&nbsp Montesquieu believed that all things were made up of rules or laws that never changed. He set out to study these laws scientifically with the hope that knowledge of the laws of government would reduce the problems of society and improve human life. According to Montesquieu, there were three types of government: a monarchy (ruled by a king or queen), a republic (ruled by an elected leader), and a despotism (ruled by a dictator). Montesquieu believed that a government that was elected by the people was the best form of government. He did, however, believe that the success of a democracy - a government in which the people have the power - depended upon maintaining the right balance of power.

&nbsp&nbsp&nbsp&nbsp&nbsp Montesquieu argued that the best government would be one in which power was balanced among three groups of officials. He thought England - which divided power between the king (who enforced laws), Parliament (which made laws), and the judges of the English courts (who interpreted laws) - was a good model of this. Montesquieu called the idea of dividing government power into three branches the "separation of powers." He thought it most important to create separate branches of government with equal but different powers. That way, the government would avoid placing too much power with one individual or group of individuals. He wrote, "When the [law making] and [law enforcement] powers are united in the same person... there can be no liberty." According to Montesquieu, each branch of government could limit the power of the other two branches. Therefore, no branch of the government could threaten the freedom of the people. His ideas about separation of powers became the basis for the United States Constitution.

&nbsp&nbsp&nbsp&nbsp&nbsp Despite Montesquieu's belief in the principles of a democracy, he did not feel that all people were equal. Montesquieu approved of slavery. He also thought that women were weaker than men and that they had to obey the commands of their husband. However, he also felt that women did have the ability to govern. "It is against reason and against nature for women to be mistresses in the house... but not for them to govern an empire. In the first case, their weak state does not permit them to be preeminent; in the second, their very weakness gives them more gentleness and moderation, which, rather than the harsh and ferocious virtues, can make for a good environment." In this way, Montesquieu argued that women were too weak to be in control at home, but that there calmness and gentleness would be helpful qualities in making decisions in government.

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Baron de Montesquieu : A Short Biography

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nbsp&nbsp&nbsp&nbsp&nbsp Charles Louis de Secondat was born in Bordeaux, France, in 1689 to a wealthy family. Despite his family's wealth, de Decondat was placed in the care of a poor family during his childhood. He later went to college and studied science and history, eventually becoming a lawyer in the local government.

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INTRODUCTION TO MONTESQUIEU
One of the most influential political theorists for the framers of the American Constitution, Montesquieu is a critically contested figure in Enlightenment-era political philosophy because of his "subtle, playful and elliptical" literary tone. In this article, Paul Rahe situates Montesquieu within the natural law tradition, particularly in relation to Thomas Hobbes, and considers to what extent his theory promotes natural law or natural rights thinking. Although Montesquieu's theory maintains Hobbesian premises, it departs from Hobbesian conclusions: man in the state of nature is primarily motivated by fear and other passions, but he is not necessarily ruled by them. Moreover, man is cognizant of the laws of nature which are "rooted" in the "constitution" of all human beings. Montesquieu argues that man is capable of grasping four laws of nature through direct, practical experience: first, man desires and seeks nourishment for his bodily preservation; second, man desires peace to sustain his bodily well-being; third, man is drawn instinctively to other people; and fourth, the knowledge derived from interaction with others moves him to desire to live in society. In the establishment of society, and consequently in the establishment of government and law, Montesquieu asserts that no single form of government is always and everywhere superior. Instead, those who seek to govern must take into account the geography, economy, character, and existing laws of the people for whom the government is to be established. In such an endeavor, Montesquieu insists, both prudence and moderation are requisite.

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MONTESQUIEU
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GLOSSARY OF TERMS FOR MONTESQUIEU
absolute monarchy:

civil law:

constitution:
deductive:
despotism:

enlightened despotism:

fatality:

Hobbes's account of human nature:

ius gentium:

law:

laws of nature:

1) man seeks peace;

2) man seeks nourishment;

mores:

passion:

political law:

political idealism:

political virtue:

polity:

positive law:

primitive reason:

primitive laws:

rationality:

reason:

right:

society:

state of nature:

state of war:

universalism:

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1. This chapter was written to placate censors and does not reflect Montesquieu's true thought.

2. Arguments in this chapter are irrelevant to the rest of the work and are not continuous with the natural law thinking expressed in subsequent chapters.

1. Less traditional theories than those advanced in Chapter One are developed here.

2. These theories are elaborated in the remainder of the work.

3. Includes a "hypothetical history" to explain the origin of laws.

A. Like Hobbes:

1. Man is a passionate animal that has reason but is not directly ruled by it.

2. Fear plays a large role in human affairs.

B. Unlike Hobbes:

1. Fear is not the first or only passion that influences human behavior.

2. "Laws of nature" do exist:

1. They are rooted in the 'constitution' of all human beings.

2. They are evident in the situation of the individual before the establishment of societies (i.e., in the "state of nature").

1. Man would seek peace and nourishment (First and Second Laws).

2. Man would be instinctively drawn to other people (Third Law).

3. Man would desire to live in society because of knowledge attained through interaction with others (Fourth Law).

1. Men contract a desire to subjugate one another.

2. This desire is initially restrained by social mores.

Political society tends to arise in tandem with such innovations as agriculture, institutionalized property, and coinage.

1. A natural government is that which is best suited to its people.

2. Laws are the particular cases to which human reason applies itself. Reason and a sense of natural right inform the evolution of the law.

3. Reason is a necessary standard for the formation of law; trial-and-error and incremental reform are the best modes for applying human reason to particular cases.

1. Laws must fit the principle of the established or desired government (democracy, aristocracy, or monarchy).

2. Laws must fit a country's geography.

3. Laws must fit a country's economy.

4. Laws must fit the character of those governed.

5. Laws must fit with other existing laws.

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STUDY GUIDE FOR MONTESQUIEU

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Educational materials for Montesquieu | Natural Law, Natural Rights, and American Constitutionalism

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Print PDF INTRODUCTION TO MONTESQUIEU One of the most influential political theorists for the framers of the American Constitution, Montesquieu is a critically contested figure in Enlightenment-era political philosophy because of his "subtle, playful and elliptical" literary tone.

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The term "trias politica" or "separation of powers" was coined by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, an 18th century French social and political philosopher. His publication, Spirit of the Laws, is considered one of the great works in the history of political theory and jurisprudence, and it inspired the Declaration of the Rights of Man and the Constitution of the United States. Under his model, the political authority of the state is divided into legislative, executive and judicial powers. He asserted that, to most effectively promote liberty, these three powers must be separate and acting independently.

Separation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances.

The traditional characterizations of the powers of the branches of American government are:

The legislative branch is responsible for enacting the laws of the state and appropriating the money necessary to operate the government.

The executive branch is responsible for implementing and administering the public policy enacted and funded by the legislative branch.

The judicial branch is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it.

Forty state constitutions specify that government be divided into three branches: legislative, executive and judicial. California illustrates this approach; "The powers of state government are legislative, executive, and judicial. Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution."

While separation of powers is key to the workings of American government, no democratic system exists with an absolute separation of powers or an absolute lack of separation of powers. Governmental powers and responsibilities intentionally overlap; they are too complex and interrelated to be neatly compartmentalized. As a result, there is an inherent measure of competition and conflict among the branches of government. Throughout American history, there also has been an ebb and flow of preeminence among the governmental branches. Such experiences suggest that where power resides is part of an evolutionary process.

This page provides resources for legislators and staff to use in addressing separation of powers issues. It organizes them into broad categories and links to a diverse set of resources to illustrate how the doctrine applies to specific issues under each category. The resources include law review articles, court cases and legislative reports.

Resources

Alaska: Alaska Legislature, Separation of Powers
http://w3.legis.state.ak.us/docs/pdf/Separation_of_Powers.pdf

Iowa: Iowa Legislative Services Agency, Legislative Guide to Separation of Powers, 2005
https://www.legis.iowa.gov/DOCS/Central/Guides/lgseppwr.pdf

Minnesota: Minnesota House Research, Separation of Powers: When Statutes and Court Rules Conflict, 2005
http://www.house.leg.state.mn.us/hrd/pubs/ss/ssseppw.pdf
Receiving Information or Recommending Additions
If you have any questions, please contact Brenda Erickson in NCSL's Denver office at (303) 364-7700. Also, please contact Brenda if you would like to recommend legislative resources or case law that may enhance the Separation of Powers website.

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national conference of state legislatures

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The term "trias politica" or "separation of powers" was coined by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, an 18th century French social and political philosopher. His publication, Spirit of the Laws, is considered one of the great works in the history of political theory and jurisprudence, and it inspired the Declaration of the Rights of Man and the Constitution of the United States.

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Montesquieu and the Separation of Powers - Online Library of Liberty

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Long before the publication of De l'Esprit des Loix Montesquieu had become widely known and respected through the publication of the Lettres persanes and the Considérations sur les causes de la grandeur des Romains. The appearance of his great work was awaited with impatience, and, once published, it quickly ran through several editions.

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Montesquieu had a differing opinion than most philosophers. He believed that the natural state of humans was at peace. A lot of philosophers believed that humans were actually naturally like to destroy things rather than have peace.

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Montesquieu believed that not all people were equal. Therefore, he thought slavery was acceptable. He also agreed with the common belief that women were weaker than men and had no say over their decisions in their marriages. If he was born in our time now, it is very possible that his belief would be different.

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One of the foundations for Montesquieu's belief of the separation of powers is the fact that he believed that everything in life was made of up of rules that never changed. This idea allowed him to develop the idea of there being three different types of power--monarchy, republic, and despotism.

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Montesquieu believed that the government needs to keep "law and order, political liberty, and the property of the individual." This idea is the foundation of the Bill of Rights; it then expands and goes into specifics on this idea.

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The Founding Fathers very much believed in the idea of the separation of powers. The Founding Fathers wanted to divide the power the best way they could in order to avoid corruption in the government. Montesquieu idea of have three different branches of government that all depended on each other best accomplished this goal.