A Government of Laws. The Cornerstone of a Political System
(Escrito originalmente em julho de 2017)
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Originally published in 1748, Montesquieu's book “The Spirit of Laws” established several concepts regarding different forms of government. In it, he analysis the nature and the principles of the republican government, as well as the monarchy rule, the aristocratic system and the tyranny of despotism. This book by Montesquieu is fundamental to understand the foundation of the American political basis.
Some points in his arguments are important to comprehend why was the republic the choice of the Founders for the American political system. In every system it is fundamental for the government or the ruler to enforce its authority, which can be relatively easy in an authoritarian regime or in an absolutist monarchy. In a republican system, in which the people has the power to elect its representatives, the virtue is a fundamental factor for the legitimacy of that established government, once a president without virtue should not have the approval of the people who elected him and therefore can easily be taken out of the office.
However, practice does not always go well with the theory. Considering Montesquieu’s writes, a president should be more careful when executing a law, since contrary to a despotic ruler, the president is subjected to the same laws he issues. Considering that no democratic country has ever had only virtuous presidents, his power in office can be used to undermine the power of laws over himself, and by corruption, to use the public treasure for private interests.
It is precisely due to the fact that people are not perfect and the power of the presidency can be used for self interest, that well established rules must be settled. Or, as James Madison puts in Federalist Paper Nº 51, "If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary".
Regarding what has been said, the first seven articles of the Constitution are probably the most important in settling what rules should the federal government follow. Since the separation of powers into legislative, executive and judiciary are the basis of the republican government, it is reasonable to be the cornerstone of the United States of America's Constitution, as well as the articles number four, five and six, which establishes the concepts of federalism, the process of amending the constitution, while determining it to be the supreme law of the land.
However, in the Constitution there is hardly one single amendment which provides by itself for a government of laws. The Bill of Rights, however, can be seen as the object of the Constitution which more clearly prevents the government to overstep its limits, therefore guaranteeing to the people which rights are naturally given to them. The role of the federal government is, in this case, only to protect the people's rights, therefore, having limited action.
The main difference between the American government and that of less democratic ones, is that its constitution is simple, yet enduring. The fact that amending the Constitution is not easy, makes it a long-lasting document. Countries where the law is not respected, the constitution is easily modified and the rights are not naturally given, but rather given by the government, are much more likely to fail. That is why a government subjected to the people, where states have freedom of action and the Constitution is, in most cases, very clear about what the government can and cannot do, makes the American political system one of the most stable and successful ones yet.
