The Spirit of the Laws and the Separation of Powers

The separation of powers and the system of checks and balances are sacred to the foundation of the U.S. government. Why did the Founders establish the new nation based on these principles? Constitutional scholars discuss the origins of the American political system—including Montesquieu’s The Spirit of the Laws, published anonymously in 1748—and how the Executive, Legislative, and Judicial Branches evolved throughout the presidencies, from George Washington to Donald J. Trump.

Akhil Reed Amar is Sterling Professor of Law and Political Science at Yale University and a trustee of the New-York Historical Society. Philip Bobbitt, a leading constitutional theorist, is Herbert Wechsler Professor of Jurisprudence at Columbia Law School. Trevor Morrison (moderator) is Dean of NYU School of Law, where he is also the Eric M. and Laurie B. Roth Professor of Law.