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"... Nor is there liberty If the power of judging is not separate from legislative

power and from executive power. If it were joined to legislative power, the
power over the life and liberty of the citizens would be arbitrary, for the judge
would be the legislator. If it were joined to executive
power, the judge could
have the force of an oppressor.... - Montesquieu, The Spirit of the Laws
Base your answer to questions 5 and 6 on the passage above and your knowledge of social studies.

Which document did this passage most heavily influence?
1. Heliocentric Theory
2. Hammurabi's Code
3. The Constitution
4. Magna Carta

User Tofu
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1 Answer

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Final answer:

The passage quoted heavily influenced the United States 3. Constitution, which adopted Montesquieu's principle of the separation of powers among the legislative, executive, and judicial branches to ensure checks and balances and prevent tyranny.

Step-by-step explanation:

The passage from Baron de Montesquieu's The Spirit of the Laws most heavily influenced 3. The Constitution of the United States. Montesquieu's ideological contributions, specifically the concept of the separation of powers, were fundamental in shaping the structure of the American government.

The founding fathers were significantly influenced by Montesquieu's argument for a political system where the legislative, executive, and judicial branches are distinct and provide checks and balances against each other, thereby safeguarding liberty and preventing tyranny.

Montesquieu pleaded for a constitutional system of government with separation of powers, which is evident in the Constitution.

His foresight on the importance of an independent judiciary is echoed in Alexander Hamilton's Federalist No. 78, which argued that the judiciary would be 'the least dangerous' because it had 'neither force nor will, but merely judgment.'

This system aimed to ensure that no single entity could consolidate power, as seen in the checks and balances present in the U.S. Constitution, such as the President's veto power against Congressional legislation, or the Supreme Court's ability to rule laws unconstitutional.

User SmasherHell
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