Attached.

The Principle of Separation of Powers in the American Constitution – Outline
Thesis statement: The political philosophy of separation of powers, which advocates for a
system of balances and checks, has significantly influenced the United States Constitution and
politics.
I.

Introduction

II.

Origins of the Doctrine
A. Philosophical Foundations
B. Ancient Greece and Rome
C. Modern Conceptions

III.

The Original Meaning of Separation of Powers
A. Revolutionary Issues
B. Early American Grievances
C. How the Framers Viewed Separation Powers
D. Separate Resources
E. Independent Electoral Bases
F. Separation is not Insulation

IV.

Contemporary Issues in Separation of Powers
A. Judicial Independence
B. Presidential Power during War Time
C. International Agreements

V.

Conclusion


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The Principle of Separation of Powers in the American Constitution
Introduction
After the American Revolution, the Founding Fathers wanted to ratify a constitution
that would codify the rights and responsibilities of the government to ensure there were
checks and balances. A strong central government was necessary to ensure the government
had sufficient power to keep the state governments in check while overseeing that the
common good of all Americans is protected. The state also would keep the federal
government from abusing its powers. To achieve this, the Framers adopted the political
doctrine of separation of powers in which the government has separate branches each with
specified powers to keep the others from abusing theirs. The Constitutional Convention of
1787, as a result, led to the adoption of the U.S. Constitution. The political philosophy of
separation of powers, which advocates for a system of balances and checks, has significantly
influenced the United States Constitution and politics.
Origins of the Doctrine
To fully shed light on the modern influence of the principle of separation of powers, it
is prudent to grasp its origins. The structure of the American Constitution represents the
general attitudes of the state delegates who developed it in 1787. These attitudes were mainly
influenced by two notions. The first is the political ideology of the colonial Americas. The
second notion is the political experiences of British colonialists. The traces of both notions
are evident in the legislative discussions at the constitutional convention. They are also found
in the arguments for and against ratifying the Constitution by the states, and the body of the

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Constitution. By 1787, the collective political ideologies and experiences of the framers had
led to an agreement among them regarding the manner in which a sound government ought to
be structured.
Philosophical Foundations
The political ideology underpinning the constitutional doctrine of separation of
powers had developed over a period of several millennia. It traces its genesis and evolution
through many noteworthy philosophers including Aristotle, Montesquieu, Aquinas, and
Locke among others. Practically all of these scholars lived under societies that were not
democratic and did not have the element of separation of powers. However, a lot of the ideas
of the early philosophers addressed either the normative issues such as the way this kind of a
system would be like, or they tried to fit it to non-democratic political systems (Glassman 3).
Due to this, most of the evolution of the doctrine did not anticipate the practical issues that
would arise by establishing such as democratic system. Around the time of the American
Revolution, the framers were left with lots of theory but little practical advice.
Ancient Greece and Rome
The earliest conceptions of the separation of powers are normally traced to ancient
Greece and Rome. Aristotle is regarded to have first conceptualized the idea of a government
separated into three fundamental functions, which the philosopher called “judicial,”
deliberative,” and “magisterial” (Pangle 195) These functions loosely translate into the
modern ideas of executive, legislative, and judicial functions of government. However,
ancient Greek and Roman philosophers did not anticipate the wisdom of dividing these
powers among distinct bodies.
Pre-modern thinkers took the concept and modified it into the notion of a “mixed
government,” which sought to balance the needs of the society by adopting multiple forms of
government (Glassman 3). This idea came to be the foundation for pre-modern English

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governments which consisted of a hereditary monarchy whose powers are limited by a
legislative arm made up of House of Commons and House of Lords. Though the mixed
government did not fully separate functions among institutions, it promoted the notion that no
one entity should control the government, thus promoting the liberty of all.
Modern Conceptions
Seventeenth- and eighteenth-century Enlightenment philosophers are credited for
coming up with the modern version of the separation of powers. Particularly, John Locke and
Montesquieu are regarded to have developed the philosophy. Locke contends in his Second
Treatise on Government that the separation of the executive and legislative arms was required
to protect the freedom of the people (Waldron 436). Merging the two powers into one body
or person could lead to tyranny. Montesquieu’s conception as articulated in his Spirit of Laws
is the one that the framers used. Montesquieu divided political power into three, i.e.,
executive, judiciary, and legislature, and asserted that they are given to distinct entities or
individuals.
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