Montesquieu and the US Constitution

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The preamble of the constitution of United States points out the importance of a more perfect union, justice, domestic tranquility, common defense, general welfare and liberty. The government of America is based upon the principle of democracy and this principle is approved by the theory of Montesquieu that the government that is elected by the people is the best form of government. The committee which was formed for the formation of the constitution included Hamilton, Morris, Madison, William Samuel Johnson of Connecticut, and Rufus King of Massachusetts.

They used the theories and principles of Montesquieu, who urged that there must be a balance of power among the three groups of officials like in England. In England the power which was divided between the king, parliament and the judges of English court. And he called this idea of dividing the power into three branches as “separation of powers”. The theories of Montesquieu are based on judgment based universal reasoning and are applicable for the constitutions of modern republics and federation of states like United States. Moreover, Montesquieu was able to recognize the link between law, property and freedom.

The constitution of the United States says that, the power of legislation is vested upon a congress of United States, which consists of a senate and House of Representatives, the executive power is vested on a president of the United States of America, and the judicial power of the United States is vested on a supreme court. Here David F. Weiman points out that, “In this historical case the pivotal event was the ratification of the United States Constitution in 1788, two centuries before the Maastricht Treaty.

Between formal independence in 1781 and the implementation of the Constitution reforms in 1789, the fledgling country was organised politically into a loose confederation of thirteen, virtually sovereign states. Despite the nominal powers granted to the national government under the Articles of Confederation, it lacked the direct means to collect taxes and to enforce its policies.” (Weiman, 2006). Historically, the constitution was ratified in 1788, and was reformed in 1789. This resulted in the political organization of the country into a loose confederation of thirteen states which are virtually sovereign states.

Montesquieu believed that it is important to reconstruct the government of separate branches but with equal and different powers. This is aimed to avoid placing unlimited power with one individual or group of individuals. So the constitution ensures that no branch of the government can threaten the freedom of the people. The ideas of Montesquieu, which is related to the separation of powers among different branches of the government, became the basis of United States Constitution.

The preamble of the constitution gives an abstract idea about the content and much of it is from a previous work by George Mason, the Virginia Declaration of Rights. Steve Mount points out that “The Declaration of Independence is divided into three main parts, in a style that was very common in its day. A preamble, a list of grievances or justifications, and finally the point of all that preceded it. Much of the preamble came from a previous work by George Mason, the Virginia Declaration of Rights. Published just days after Lee’s proposition to the Congress, Jefferson borrowed heavily from the work.” (Mount, 2007).

The separation of power which is adopted from the ideas of Montesquieu is considered as the foundation of the constitution. Historically the people of United States consist of the people migrated to the mainland from various parts of Europe. Geographical discoveries helped the people of Europe to establish colonial settlements in America and this resulted in the permutation of various cultural aspects. So it was easier to accept various ideas from the constitution of England and from Montesquieu.

To an extent, the ideas of Montesquieu were considered as the principles of democracy but he did not believe that all the people are equal. For a federation of states like United States, it must be considered that there must be a power to control and to protect the personal liberty of its citizens. Melvin Richter “Montesquieu used comparison to show differences and to demonstrate similarities among the laws and practices of different peoples, as well as in a given people at different periods; to specify the range of variations among those similarly classified; and, above all, to explain both uniformities and diversities.

He devised five distinct modes of comparison, each phrased in a different set of categories. From them were to be generated many of the disciplines and special fields in the human sciences.” (Richter, 2002). The theory of comparison formulated by Montesquieu to compare differences among the people is helpful to formulate the laws regarding the constitution.

Montesquieu believed in liberalism but he says that political virtue is found in a monarchial government and this can be seen in the constitution of England where the royal family is considered as sacred and powerful. But the constitution in United States is based upon a republican form of government which guarantees to every state a republican form of government and protection against invasion. Sol Bloom says that “Centuries of struggle had won for Englishmen many guaranties of rights, liberties, and immunities.

English common law was fairly established when the colonies were begun. Some rights and immunities which had been enjoyed from time immemorial were reduced to writing in Magna Carta (see p. 511), which was wrung from King John by the barons of England at Runnymede in 1215.” (Bloom, 1941) and there must be struggle from the people or from their representatives in the parliament to guarantee the rights, liberties, and immunities.

According to Montesquieu, democratic form of government where the people have the power to select their representative is the best form of government and there is a right balance of power. According to the constitution of the United States, the congress which is a group of representatives selected by the people in entitled to lay and collect taxes, duties, imports and excises.

The facts that are published by eNotes.com,2008 points out that “Although he was an aristocratic philosophe of the French Enlightenment, Montesquieu will likely be best remembered for his tremendous impact on the development of constitutional government, particularly that of the United States—a country that did not exist at the time of his death.” (Baron de la Brede et de Montesquieu, 2008). Montesquieu must be remembered for his impact on the development of constitutional government, not as the person who backed the monarchy.

According to Montesquieu, laws of the government reduce the problems of society and it values the importance of human life. In United States, judicial power is vested upon the Supreme Court and the trial of all crimes is undertaken by the jury. But the president is the commander in chief of Army Navy and Military of several states. Montesquieu believed in diversity of human beings and individual difference. Randal R Hendrickson points out that “Montesquieu begins from diversity, but he does not end with it.

He appreciates variety, but he does not succumb to it. He works with it. He is willing and able to give credit where credit is due. But one form of government-advancing in knowledge of the right things, moving to gentleness of the right sort, and overcoming prejudice of a particular kind-is better suited to us than others on his view” (Hendrickson, 2007) and he does not stick on to the principle and further goes on to individual liberty of human beings in a society.

Montesquieu believed that all things were made up of rules and laws that never changed. But this is not applicable for a modern state where the laws are amended according to changes in the society. Only by amending the laws according to the change conflicts among the states can be settled. Hon. Jack Brooks points out that “The conflict between large and small States disappeared in the early years of the republic.

More lasting was the division between slave and Free States that had been a disturbing undercurrent in the Convention debates. The Convention’s strained attempt to avoid using the word slavery in the articles granting recognition and protection to that institution scarcely hid the regional divisions that would remain unresolved under the terms of union agreed to in 1787.” (Jack Brooks, 1992). There must be a power to control the states and it must be a centralized one. In United States’ constitution the executive power is vested upon the president but each house in the congress may determine the rules of its proceedings, punish its members for disorderly behaviors.

Montesquieu approved of slavery but the word slave or slavery does not appear in the United States’ constitution and ten provisions dealing with slavery were included and it is considered as the most cruel and inhuman act. But Bob Avakian says that “But the reality is not so simple as this, nor does this reflect what Montesquieu was essentially seeking to do in this part of “The Spirit of the Laws.”

It can be said that in “The Spirit of the Laws” Montesquieu’s position is one of general opposition to slavery, and he indicates that slavery is not appropriate in countries like France; but, at the same time, he speaks to various circumstances in which he believes slavery can be justified or reasonable.” (Avakian, 2006) we must not consider that Montesquieu approved slavery in all societies but it must be considered under the diversity of societies.

So it can be concluded that Montesquieu the French philosopher influenced the formation of the constitution of United States of America. The theories and ideas on separation of power, formation of executive power, democracy, law and order personal liberty and slavery influenced the committee which is appointed for the framing of the constitution. The ideas and principles formulated before centuries by Montesquieu is not considered as outdated but are relevant for the smooth working of a modern republic. Moreover, the theories are based democracy which is considered as the best form of government.

References

Weiman, David F. (2006). Introduction to the special issue on the formation of an American monetary union. Cambridge Journals. Web.

Mount, Steve. (2007). Constitutional topic: The declaration of independence. USConstitution. Web.

Richter, Melvin. (2002). Montesquieu’s’ theory and practice of the comparative method. Sage Journals Online. Web.

Bloom, Sol. (1941). History of the formation of the union under the constitution: With liberty documents and report of the commission. questia. Web.

Baron de la Brede et de Montesquieu, Charles-Louide Secondat. (2008). Literary Criticism (1400-1800). enotes. Web.

Hendrickson, Randal R. (2007). Montesquieu and the transformation of republicanism. eScholarship@BC. Web.

Jack Brooks, Hon. (1992). Foreword. United States: House of Representatives. Web.

Avakian, Bob. (2006). A note from bob avakian: On Montesquieu, slavery and the U.S. constitution. revcom. Web.

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Montesquieu and the US Constitution

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