Balance, Liberty, and Law: Montesquieu’s Legacy in U.S. Constitutional Thought

Authors

Christian Yockey, University of Nevada, Las VegasFollow

Document Type

Undergraduate Capstone Project

Publication Date

Spring 5-15-2025

Publisher

University of Nevada, Las Vegas

Publisher Location

Las Vegas (Nev.)

First page number:

1

Last page number:

40

Abstract

In 1787, a Constitutional Convention was convened to revise the weak Articles of Confederation. However, the delegates at this convention ended up creating an entirely new system of government—that is one with a much more powerful structure of federal power. This paper examines the influence of the French philosopher Baron de Montesquieu on this process and the creation of early U.S. political culture. While previous academic scholarship has acknowledged Montesquieu’s influence on this process of writing the Constitution, this paper seeks to explore further the specific ways his influence shows itself in the U.S. Constitution and the creation of U.S. political norms. This research examines how the work of Montesquieu’s political philosophy informed the Framers' decisions in crafting the system of government in the U.S. Constitution, as well as the understanding of the Constitution. To address these questions, this study analyzes primary sources such as Montesquieu’s The Spirit of the Laws, The Federalist Papers, and the records of the Constitutional Convention. First, the historical context of the American Revolution is established, then it is shown how Montesquieu’s writings were highly regarded in the American colonies. Then, parallels of reasoning are highlighted between Montesquieu’s political writings and the arguments for ratification in the Federalist Papers. This paper shows how Montesquieu’s writings were used to determine what the U.S. government should do, how they worked to protect U.S. citizens from federal government tyranny, and how Montesquieu’s theory of proper government was suited to fit the United States’ political culture.

Keywords

Montesquieu; Constitution; U.S.; Framers

Disciplines

History | United States History

File Format

pdf

File Size

381 KB

Language

English

Rights

IN COPYRIGHT. For more information about this rights statement, please visit http://rightsstatements.org/vocab/InC/1.0/

Repository Citation

Yockey, C. (2025). Balance, Liberty, and Law: Montesquieu’s Legacy in U.S. Constitutional Thought. 1-40.
Available at: https://digitalscholarship.unlv.edu/history_student_research/1