“Trias Politica”: Choice III

Abstract

This chapter (Chapter 3) entitled “‘Trias Politica’: Choice III” focuses on the third choice the Framers, how power should be dispersed at the federal level. The Father of the US Constitution, James Madison, was heavily influenced in this regard by Montesquieu’s greatest and final work, The Spirit of the Laws, in which he coined the phrase “Trias Politica [tp]” or, separation of powers and argued that political authority should be divided into three part (legislative, the executive, and the judicial) each of which must possess different powers and responsibilities. Montesquieu’s work had a profound impact on Madison who, adopted this structure and brought it with him to the constitutional convention. Like Madison, most Framers agreed with Montesquieu that the goal of government should be first and foremost to protect liberty. Moreover, they agreed that this type of structure, coupled with Madison’s additional safeguard of checks and balances, was the best way to do that. The chapter also considers the implications of this structure in the modern era, including the fact that not everyone today agrees that the goal of government should be solely to protect liberty. In addition, the chapter makes the case that as a result of this decision, the Framers helped ensure that the US government is not as responsive, accountable, or efficient as it should be, something that has had profound implications on the governments’ ability to address key challenges in the twenty-first century.