The Education of the Founders
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hope of restoring the ancient liberties of Frenchmen. The Spirit of the Laws
provided a learned, though not always correct, analysis of governments
of all ages and nations. Montesquieu admired the English Constitution
in particular, and argued convincingly that the preservation of liberty required a separation of powers.
American constitution-makers were much attracted to his separation
of powers doctrine but had difficulty applying it. It was based, in part,
on an erroneous interpretation of the English Constitution, and Montesquieu’s treatment of the subject lacked clarity and precision. The separation of powers system that he advocated only vaguely acknowledged the
need for an accompanying check and balance system, and there was
some doubt whether the system could be implemented in America, because Montesquieu believed that a republican form of government could
work only in a small territory. The Anti-Federalists were therefore critical
of the proposed Constitution of 1787 because it departed from Montesquieu’s ideas. Ingenious at adapting Old World ideas to the American
situation and revising them to suit their needs, the Framers argued on
practical and theoretical grounds that Montesquieu