Were the American Revolution and subsequent constitution influenced more by Lockes idea of the social contract or by Montesquieus concept of checks and balances?

To the influence of Montesquieu on the newly formed United States of America, can best be explained in part as the second or latter stage of the Revolutionary War, whence the true formation of the American government can best be organised in a post war scenario from the Second Continental Congress to the Federation of these United States, as John Locke has without doubt played and instigated a new vital position of natural rights for the Modern World, consequently Montesquieu has without doubt given the world a safeguarding system to the corruption of governments, providing that a nations constitution is measured by Montesquieu “checks and balances”.

November 1748 “de l’espirit de loix” English interpretation being “the spirit of laws” by Montesquieu having taken a decade to produce his finest piece of work to date, must be regarded as the blueprint to all future applications of constitutional law, with the belief of employing the separation of powers, joint with checks and balances, decreed that in order to have liberty the Legislative, Executive and Judicial powers must remain separate from one another, in order to avoid corruption, thus each executive, legislative and administration having equal power, one power would need to be checked by the other before a law could be passed, e.g. “To prevent this abuse, it is necessary from the very nature of things that power should be a check to power. A government may be so constituted, as no man shall be compelled to do things to which the law does not oblige him, nor forced to abstain from things which the law permits.”-Montesquieu

This example set by Montesquieu in 1748 thirty nine years before the War of Independence began, was to be privy to be the example displayed to the world of how a government should conduct their behaviour, instead of an absolutist or rather feudal society of which Europe was so familiar, England however was Montesquieu’s role model of a correct Monarchical Constitution. The famous American Constitution the world knows to this day was an amendment, or correction of the 1781-1789 “Articles of confederation” or the first constitution as it can be so called, which was acting as a legal substitute for maintaining order during the period of fighting. Due to the “Articles of Confederations” constant failure to organise an armed force or to tax other states, a political melt down occurred in 1786 after the agrarian Shays Rebellion, all-out crisis of this primary constitution called for a reiteration of government policy through the Constitutional Convention to take place in Pennsylvania, Philadelphia lasting from may 25th until September 17th 1787, this was similar in political magnitude to that of the Declaration of Independence 1776, primarily drafted by James Madison known as “the father of the Constitution” and to be the fourth President of America, was but one who instigated in the new Constitutions construction, besides many other great men of thoughts such as Benjamin Franklin, George Washington, etc a total of having thirty nine delegate signers present at the momentous event, this new constitution took inspiration from the original articles and was to stand as the summit for American politics based on the ideas of Montesquieu’s “Separation of Powers” which were about to be strengthened through further legislation, and agreement of its future ratification by the seven out of thirteen states. The Constitution also stood for Liberty in the right to the vote for men, property holders and tax payers, it would be another hundred years until this happened in Great Britain. Furthermore for Liberty unlike in France, this new constitution stated that the government could not issue titles of Nobility, thus sparing any proletariat anxiety for future social revolution. This new vision would see the U.S adopt the bicarmel legislative system, with two representative sides in government, displaying fair interest of both parties’ interests; all states were to be represented, through the new House of Representatives in a fair proportion of each states population.

The Constitution of the United States of America contained sections and points of completely new legislative, executive and administrational powers of organisation to maintain principles of the checks and balances e.g. section three point six “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present”. These forms of statements were made in order to secure America as a truly democratic nation with the aiding theory of power separation, as one can see as to what John Locke gave earlier in the Revolution with the spark of liberty and “unalienable rights” to Thomas Jefferson in the Declaration of Independence which was fundamental to winning the Revolution, Montesquieu was giving this same inspiration and influence to the draftees of the US constitution, with the decision to except the new constitution along came many other political advances as to have a National Congress which could levy taxes, declare war, and include an internal Judicial Review to avoid any corruption or impeachments which may need to be weeded out of the political system by checking the executive, legislative and judicial powers of the government, minor checks and balances e.g. as to the president could disagree with a piece of legislation, Congress with a vote of two thirds could counter his claim, Congress could also have the power to make a no confidence vote in the President and ask for his abdication.

More so to the next argument could be that influentially Montesquieu and John Locke could be unified in influential responsibility as they are reflected together in the amendments known as the Bill of Rights, and the legality of amending such a constitution through the Constitutional Convention which gave way to the inclusion of a newly formed Senate which was to have a Senator to speak for each state, each state was permitted to have two senators, yet a senator could only be in office for a period of six years, this new office was formed with the House of Representatives members who consequently could only maintain their position for a maximum of two years, these actions are a direct influence of Montesquieu and his division or need for fair separation of power in order to achieve Liberty in what Aristotle described as a “mixed government”, these last requirements were commenced in order to please the remaining states into the ratification process of this new Constitution. Thus Congress by ten out of 12 amendments approved the Bill of Rights in September 1789, The Bill of Rights contained moral and political reforms which follow suit with the works of John Locke, therefore from the period of September 1787 to September 1789 the principals and ideas of both Montesquieu and Locke are carried out harmoniously in order to achieve cooperation for the new American Constitution, thus proving they both deserve equal distinction in contributing influences to the American Revolution through its original Declaration of Independence to the U.S. Constitution.

Montesquieu not only influenced revolutionaries with ideas of aligning correct government divisions, such legal strategic arrangements helped to maintain successful liberty, he also undoubtedly imposed the early ideas of human rights in the form of listed points, in his “Sprit of laws” spanning over thirty one books, in (Book XI of the Laws Which Establish Political Liberty, with Regard to the Constitution), Montesquieu here states “But though the tribunals ought not to be fixed, the judgments ought; and to such a degree as to be ever conformable to the letter of the law. Were they to be the (private opinion of the judge ), people would then live in society, without exactly knowing the nature of their obligations”, thus utilising the example of the Bill of Rights one can see a striking resemblance with Montesquieu’s aforementioned paragraph, clearly stating the need of judicial impartiality without bias, hence the common term right to a fair trial, therefore as one can see the Bill of Rights clearly states the same parity with Montesquieu in the sixth amendment in order of rights to a fair trial in the next statement made, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,( by an impartial jury) of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the assistance of counsel for his defence.” 

The idea for a Bill of Rights has two origins first from George Mason, another American Revolutionary patriot renowned for his work in 1776 with the ‘Declaration of Rights’ for Virginia which its principles were widely used across America, perhaps Masons greatest importance was being an influence upon Thomas Jefferson in the construction of the Declaration of Independence, whence Mason was drafting the first constitution in the Committee of Safety in 1776, here the embryo of a Bill of Rights begins to take form, yet in the Constitution Convention of 1787 “George Mason has failed to impress on the convention the vital need for a written Bill of Rights-Thomas Jefferson” Thomas Jefferson was to become the saviour and has said to have pleaded from his post in France as Minister, corresponding to America to all “influential” men, the severe need for a Bill of Rights was imperative, again the influence of John Locke’s Nature of Law and Rights through mans agreement to obey Government through Social Contract fell heavily upon Jefferson, and has remained that of a life long serving impact. “The state of nature has a law of nature to govern it, which obliges everyone; and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent; no one ought to harm another in his life, health, liberty or possessions.”-John Locke, the Bill of Rights was in power by 1791 and has since shaped the democracy of America for the last two hundred and nineteen years; its amendments are quoted daily

The U.S Electoral College is another fascinating example to prove Montesquieu’s impact on American Constitutional law through checks and balances, in order to keep the American citizens safeguarded from making an ill decision of electing the wrong president. Parallels of these issues can be drawn from European social troubles in Germany in the early twentieth century, with the succession of nationalism in Germany and Hitler’s rise to power by a poor majority vote, winning his position to become chancellor, including the aid of mass propaganda and media, the people of Germany in reflection perhaps were consumed by his Hitler’s charisma, instead of his true racist violent character, if an electoral college had of been emplaced in Germany to maintain the checks like that of the United States of America, then perhaps such a man of clear psychological ill health would never have achieved the status of a president or a Fuehrer.

Concluding the argument is with an ongoing debate regarding the Electoral College which came into force after the Constitutional Convention Sept 17 1787, put forward by chairman David Brearley, there were many deciding factors as to why the US Government chose to use this system, it appears to be a fair representation of Montesquieu’s influence on Revolutionaries by the idea of selecting a President and a Vice President, through peer electoral assessment of said candidates, who consequently would need a fair geographic standing to hold their position, this college maintains the separation of power, and allows a fair vote to be cast by smaller states who fear they would be a forgotten voice if a popular vote was to take over by the larger states, the college also helps to keep out dangerous third parties who may be too radical for government e.g. the BNP the extremist fascist faction and their new position into the European Union is evidence of the need for an Electoral College, yet of course there are negatives to the college and that is the popular vote may be disregarded if the electoral vote is absent. However even if this is regarded as a negative outlook of checks and balances or power separation, one must think of all the institutions in which liberty has prevailed to this day, due to Montesquieu’s theories to protect the people through separations of power, and John Locke’s influence of Natural Rights of law, to every man and woman, thus not one of these men can be empowered, with the honour of being the sole musing inspiration to the American Revolution; surely both Montesquieu and John Locke have unmistakeably earned the right to be accredited, through the fundamental beliefs flowing from both men, these are both makers to which liberty is equally born.  “A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another, there being nothing more evident than that creatures of the same species and rank, promiscuously born to all the same advantages of Nature, and the use of the same faculties, should also be equal one amongst another, without subordination or subjection”, - John Locke

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