The Separation of Powers
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B. The Separation of Powers
Since ancient times, statesmen and political thinkers have struggled with
a fundamental problem that is common to all civil societies: how to structure a government that is powerful enough to govern but itself is sufficiently controlled so that it does not become destructive of the values it
was intended to promote. ‘‘In framing a government which is to be administered by men over men,’’ observed Publius in Federalist No. 51, ‘‘the
great difficulty lies in this: you must first enable the government to control
the governed; and in the next place oblige it to control itself. A dependence
on the people is, no doubt, the primary control of the government; but experience has taught mankind the necessity of auxiliary precautions.’’
The republican principle, in other words, should serve as the main pillar of the structure. A government based on consent, in which the people
possess sufficient political liberty to control those who exercise political
power, provides a barrier to despotism. Wise men that they were, the
Framers understood, however, that we cannot rely solely and exclusively
upon the people to control government or to protect the values of liberty,
order, and justice. If we could, there would be no need for a constitution
in the first place. Men are capable of both good and evil. This is because
human beings are imperfect creatures, and it would be naive to think that
all men are by nature good. ‘‘It may be a reflection on human nature,’’
Publius agreed, ‘‘that such [auxiliary] devices should be necessary to
control the abuse of government. But what is government itself, but the
greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls of government would be necessary.’’ From
Christian teaching, the Framers had learned, then, that human nature is
not to be trusted. Good laws and institutions are required to keep men
from one another’s throats.
Foremost among the ‘‘auxiliary precautions’’ Publius had in mind was
the separation of powers. Whereas republicanism provides an external
check on government, separation of powers supplies an internal or builtin form of restraint. Of all the theories of government that have been propounded to establish limited government, the doctrine of separation of
powers has been the most influential and successful. It stands alongside