19 June 2012

The True Genius of the U.S. Constitution

An article of mine was published last week in the Center for Public Justice's Capital Commentary:

This year marks the 225th anniversary of the United States Constitution, by far the oldest functioning constitutional document still in effect. It has weathered the vicissitudes of history, including a devastating Civil War that threatened to fragment the nation and its people permanently. By contrast, the German Basic Law dates only from 1949, and the Constitution of the French Fifth Republic from 1958. What is the key to the U.S. Constitution’s remarkable longevity?

One well-known narrative has it that the Founding Fathers were skilled constitutional architects, fashioning a political system whose internal institutions are so perfectly balanced that no one of these could gain the upper hand and suppress the others. The Fathers read Baron Montesquieu’s Spirit of the Laws, in which the author argued that liberty is most likely to thrive under a constitution providing that power check power. Where legislative, executive and judicial powers are not separated, there can be no liberty.

Yet Montesquieu never claimed to have invented this separation of powers. Read more here.

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