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The idea of the separation of powers goes back to Plato's Laws, and to Aristotle, confirmed by Cicero with the Roman Republic as the example. And the Founding Fathers knew their classical literature. But when I read the Federalist Papers, I was astonished that they never (!) argue with ancient philosophers. Never ever. All their arguments stand on their own. Plato and Aristotle are mentioned only in passing. Yet who is mentioned very often, these are ancient historians such as Thucydides. The Founding Fathers drew a lot on ancient historical events to justify aspects of the US constitution. It seems they wanted to avoid to base any argument on authority rather than on its own.

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Montesquieu is one of the most brilliant minds ever produced by Western civilization. Given your association with the Federalist Society, are you interested in this French thinker because of his legal theories? Great article, thank you.

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