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Further: "checks and balances" is a concept originating with Montesque in his book The Spirit of the Law (1748), itself building on John Locke's Second Treati
by dredmorbius 2y ago
Further: "checks and balances" is a concept originating with Montesque in his book The Spirit of the Law (1748), itself building on John Locke's Second Treatise of Government, and is explicitly referenced in the Federalist Papers, written by several of the framers of the US Constitution, most notably Federalist 51 (by Alexander Hamilton or James Madison), February 8, 1788, titled "The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments", and beginning:
TO WHAT expedient, then, shall we finally resort, for maintaining in practice the necessary partition of power among the several departments, as laid down in the Constitution? The only answer that can be given is, that as all these exterior provisions are found to be inadequate, the defect must be supplied, by so contriving the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places. Without presuming to undertake a full development of this important idea, I will hazard a few general observations, which may perhaps place it in a clearer light, and enable us to form a more correct judgment of the principles and structure of the government planned by the convention...
Spirit of the Law <https://en.wikipedia.org/wiki/The_Spirit_of_Law https://en.wikipedia.org/wiki/The_Spirit_of_Law>
Federalist 51: <https://guides.loc.gov/federalist-papers/text-51-60 https://guides.loc.gov/federalist-papers/text-51-60>
Again, the concept is foundational and was well-established in the context in which the Constitution was drafted.