What does being a U.S citizen mean to you? Several describe being a U.S citizen as having the right to “life, liberty, and the pursuit of happiness”, as stated in the Declaration of Independence. Few may say that being a U.S citizen is a pure pleasure of being a part of a democracy, where the supreme authority rest with the people. Yet others may state their right to vote and run for office or their freedom of religion and speech. Although all of these are correct, being a U.S citizen is more than just having rights and freedoms. As American citizens, we also have obligations, responsibilities, and duties we should fulfill. One of these responsibilities is to defend and support the Constitution. However, in order for us to support the Constitution, …show more content…
In 1748, he wrote The Spirit of Laws, in which he expressed his belief that it is crucial for a government to separate the legislative, executive, and judicial powers. He states that “When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty… again, there is no liberty, if the judiciary power be not separated from the legislative and executive… There would be an end of everything, were the same man or the same body, whether of the nobles or of the people, to exercise those three powers” (Montesquieu). Montesquieu believed that if the three powers were not separated that the power would resemble that of an oppressive and totalitarian government. He argued that such separation would prevent the concentration of power in one person’s hand, and the violation upon individual liberties. The framers of the U.S Constitution took Montesquieu ideas into consideration and founded our government on it. Today, we have three branches of government each independently of each other, “All legislative Powers herein granted shall be vested in a Congress of the United States… the executive Power shall be vested in a President of the United States of America… the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts” (U.S Constitution). Separation of …show more content…
Passed in 1689 by the Parliament in Great Britain, the English Bill of Rights was a British Law that declared the rights and liberties of the people. In one of the passages, it states “That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (English Bill of Rights). This right protected the people of unfair fines, bail, and punishments. This inspired the U.S Constitution to pass this near exact right by saying “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted” (U.S Constitution). This right guarantees that the amount of bail required and the amount of fine imposed as punishment must bear a reasonable relationship to the seriousness of the crime involved in the case. The prohibition of cruel and unusual punishment forbids any punishment judged to be too harsh and too severe for the crime for which it is
Baron de Montesquieu created the “separation of powers” where he dividing the power into three branches the executive,legislature, and judiciary (Document 6). Where the government,law enforcement,and adjudication are not in the same hands but different and there was no way where the executive and legislative could not be together or unite power. The Enlightenment did make this event in the 18th century revolutionary because it divided the power into three groups and not leave all the power among one. Everything then depended on the civil law the first one was by the prince or magistrate who did laws, then the second one makes peace or war and provides against invasion, the last one was where the criminals were punished and all men were the
He thought that if other parts of the government could not stop, or support something, it would be really easy for leaders, and government officials to get out of control. He devised a layout so that this would not be a problem. He wanted one branch to make laws, one branch to interpret laws, and one to enforce them. This would make a single law go through three stages of people, before it actually became one. This also meant, that if a law was too biased, or had many disliked qualities, people could stop the process of it becoming law, preventing people from big problems in the governments. Over time, more, and more people supported his ideas, they praised him, and it made him famous for it. With the staggering efficiency of the governmental ideas created by Montesquieu, people wanted their government just like that, and for the U.S.A, it became a reality. This was due to the inefficiency, and possible corruptness of their governments that they had had. One of the most popular countries, around the globe, the United States of America has their government built upon these same ideas. The US government also has three branches, with some power over one another. It is the Executive, Legislative, and Judicial branches. The Executive Branch is run by the president, and is where laws are finalized. This is also where laws are recommended to the legislative branch. The main jobs of the Legislative Branch is to pass on laws, and to accept peace treaties, and to prosecute any officials that have violated their conduct in any way. Lastly, the Judicial Branch is the Supreme Court. They are the ones who review the laws, and decide on the rights of any of the states in the U.S.A. Even though the structure has altered slightly, it is still built upon the principals of Montesquieu. By doing this, Montesquieu greatly benefited the people of the U.S.A to this
The Eight Amendment to the U.S. Constitution “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted”, proposed on 9/25/1789 and approved on 12/15/1791. The cruel and unusual punishment confines the harshness of penalties that state and federal governments may inflict upon ones who have been condemned of a criminal offense. The excessive fines phrase restricts the amount that state and federal governments may possibly fine an individual for a specific offense. The excessive bail phrase limits legal judgment in setting bail for the discharge of persons indicted of an illegal action during the time following their capture but prior to their trial.
Government power should never be too concentrated is the main point in America. It means that the President should never make all the decisions, but must have the other three branches help, too. Philosopher Baron de Montesquieu, a man born in France in 1689, wanted the power of the President to be split into three powers. With the three powers, it would keep the President in check from making bad laws and taxes, and not to abuse his/her’s power.
Randolph’s proposal suggested the the new government system should be established to contain legislative, executive, and judiciary branches. This was a system which incorporated Montesquieu’s concept of the separation of powers.
The idea that Montesquieu is describing is that of the separation of powers into three different branches: executive, legislative, and judicial. Each branch would have different powers, and the branches would balance each other out and keep them in check. It is important that one branch does not become too powerful.
If I had the chance to build a government I would build it on Montesquieu's beliefs. On the other hand, I don’t relate to everything he believed. Montesquieu believed that government should be separated into three different powers. An example of this is the government in England government during this time (Montesquieu lived through 1689-1755) there was a king, Parliament, and there were judges in the English court. The Parliament made the laws, the king enforced them and then the judges would interpret the laws. Montesquieu thought that if you separated the government's power like this then none of the branches could take away freedom from the people. He created a book called The Spirit of Laws. This book became a huge influence for many
According to the author of the Spirit of the Laws, Charles Montesquieu believed that “Political liberty is to be found only in moderate governments; and even in these it is not always found. It is there only when there is no abuse of power.” (Montesquieu). To prevent the abuse of power, the system of checks and balances was developed so that each branch of government can keep the other in check, to ensure that no branch became more powerful than the other. Checks and balances are necessary to the establishment of government because when the power of the authority is limited, higher law is promoted. For instance, “MEN being, as has been said by nature, all free, equal, and independent, no one can be put out of this estate… without his consent.”
Montesquieu’s most important contribution to political theory in the U.S. are his ideas and works on the separation of powers between the legislative, executive and judicial branches of government, which became the foundation of the U.S. Constitution. Although the Framers of the Constitution adopted his ideas, they were not completely plagiarized. A related idea of Montesquieu’s was that checks and balances should be in place to keep each branch in control. Madison and the other Framers were influenced by these ideas and constructed many well thought out checks and balances that are unique to the U.S. form of government. This is an example of paraphrasing someone’s ideas. In fact, Montesquieu also paraphrased other’s ideas. Montesquieu was but one of many Enlightenment influences on the Constitution, and many of these other works and ideas influenced Montesquieu himself in his “Spirit of Laws”. For instance, John Locke not only influenced the American Founders, but also was paraphrased by Montesquieu, as many of Locke’s concepts of natural rights appear in both the Constitution and in “The Spirit of Laws”. This shows that one cannot claim an idea and not expect other people to adapt it, and as such, the Framers have the right to use theories
“We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish the Constitution for the United States of America.” Without the right that the Constitution brings us, we wouldn’t have rights therefore the United States wouldn’t be a good place to live in. The Constitution brings us the right of freedom of speech (first amendment) , the right to bear arms (second amendment), and the right to protect against unreasonable government actions such as search and seizure of person property (fourth amendment). Being an American citizen means that you have rights that they would like you to fulfil. As an American citizen is it voluntary to vote, but others are required such as obeying the law and paying taxes. The Magna Carta, John Locke’s Second Treatise of Government, and the Petition of Rights explains the rights and the responsibilities of an American citizen.
Baron de Montesquieu philosophies on government are the most influential to the United States government today and how the people living in the states are governed. He uses some of the same ideas that Plato once voiced in The Republic about democracy and forms of government. Baron De Montesquieu said the main purpose of government is to maintain law and order, political liberty, and property of the individual. Separation of powers was a big idea and Montesquieu called the two types of government the Sovereign and the Administrative. The Administrative form of government involves the judicial, legislative and the executive branches and is most like the democracy that the United States uses today. Montesquieu also is antithetical to any
This meant that laws were necessary, but not that we all had to abide by the same ones. In his document The Spirit of the Laws he wrote about his ideas on government. He stated that there were laws based human reason and what each area needed based on their own circumstances. The laws where human reason is applied in each nation should be only for their circumstances and needs. He continued on to talk about political liberty. He believed political liberty can only happen when there is not abuse of power, but every man with power tends to abuse it. Judicial, legislative, and executive powers must be separate for liberty as well. Though Montesquieu believed political liberty was ideal, he did not discriminate against other forms of
So what does citizenship means to me? Is it just a piece of paper that says you are a citizen of a country or does it mean something more in a deeper level. When I was just a little boy my mother always talks about that when we move to the United States we should apply for citizenship immediately. As I was growing up here in the United States I slowly understand what citizenship means to me. Being a citizen for me is fulfilling my obligations toward my country, Living a lifestyle that benefits myself and my community and having good sense of patriotism.
There are many reasons why having a sense of ownership is good in a person's life and community. Taking ownership of something means that you own it. How you got to own it is by working hard to get there, whether it is a position in a job, an accomplishment or even reaching a goal.
Montesquieu believed that because this system separates its executive, legislative, and judicial powers, the greatest amount of freedom is