The place to connect with the People of the Past. Ye Olde FacePlace The place to connect with the People of the Past. Click to Enter! FLREA Copyright 2012

Charles-Louis de Secondat, Baron de La Brède et de Montesquieu Info Ideas Impact Philosopher and Political Thinker Born in Le Bréde, France January 18, 1689 Studied Law at the University of Bordeaux Married Wrote On the Spirit of the Laws Photo from constitution.org Snapshot DOB: January 18, 1689 DOD: 1755 From: Le Bréde, France Networks: University of Bordeaux, Parlement of Bordeaux Review the general information about John Locke with the students. Click “Ideas” to move to the next section. Information from http://plato.stanford.edu/entries/montesquieu/ FLREA Copyright 2012

What is the “separation of power”? Ideas “For we can not abuse power, must, by the arrangement of things, power checks power.” Montesquieu is most famous for his discussions on the need for a “separation of power” in government Discuss the quote with the students. Have them offer ideas of what they think it means. Interpretation: Power is not to be abused. The best means of ensuring that power is not abused is to have the power to check (or limit) power. What is the “separation of power”? FLREA Copyright 2012

First things first… What is the purpose of a government? In your group, discuss and write down an answer to the following question: What is the purpose of a government? How do you think we keep government from becoming too powerful? What would the government look like if one person or small group held all of the power? 1. Distribute the Separate, Check, Balance student handout. Students will complete the first 3 questions 2. Students have discussed the purpose of government in previous lessons. Reinforce the idea that it is the role of government to protect the natural rights of the people. 3. Ask students for ways they think government is kept from becoming too powerful. Some examples of responses would be to check, or limit, power, set enforceable limits on the government in a constitution, separate power into different groups so no one group holds all of the power. 4. Responses may include that it would resemble an autocracy or oligarchy where people have no rights. All of the power in one person or group may lead to corruption in government. FLREA Copyright 2012

How do we keep government from becoming too powerful? Montesquieu argued that in order to keep a government from becoming too powerful: Power must be separated Power must be checked Power must be balanced Photo from constitution.org POWER POWER POWER POWER Students should fill in the blanks on Page 1 of their handout. Discuss the need for the separation of power: no one person or group holds all of the power. Power is divided equally to ensure a balance is attainable. Discuss the need for checking power: there must be way for the divided powers to look in on one another to ensure no one branch is becoming too powerful. There must be the power to check power. Discuss the need for balancing power: each branch must have powers that provide a balance to the other branches. The division of power should be though of as scales that must remain level. POWER POWER POWER FLREA Copyright 2012

Power must be separated…why? Imagine if one person was responsible for making the laws, enforcing the laws, and saying what the laws mean. What could happen if…? …And interpret it however I want in every situation…? I could make any law I want…. …enforce it however I want to… 7th graders cannot talk during school hours at any time. Punishment is 4 hours of detention after school. Students cannot answer questions, request to go to the restroom, participate in small group conversations, text, or type. Discuss the scenario with the students and their reaction to the scenario. Is it fair? What should be done to change this system of power? I’m only going to apply this rule to students with light colored hair. FLREA Copyright 2012

Power must be checked…why? What would a society look like if one person or group had all of the power (no separation of power) and no one could challenge or “check” that power? Should there be limits on what government can or can’t do? Discuss responses to discussion questions posed on slide. Answers will vary. Is this a fair society? What would the rights of the people be like? FLREA Copyright 2012

What if we separate and check power? Click Here to go back to Montesquieu’s Profile The student challenges the arrest because they were coming home from work. Does the law apply to those under 18 who are coming home from work? Legislative Branch Someone else makes the laws Someone else says what the laws mean Judicial Branch The government proposes and passes a curfew of 10pm for those under the age of 18. Penalty results in fines or arrest. The President approves the bill and the City of Smithville’s police are instructed to enforce the curfew. Police arrest a student for riding their bike home at 10:30pm. This slide will briefly introduce the branches of government as established in the U.S. Constitution in a simplistic fashion. Discuss the general function of each branch: Legislative branch makes the laws. Executive branch carries out the laws. Judicial branch interprets the laws. Someone else enforces the laws Executive Branch FLREA Copyright 2012

Impact The Founders were certain to include the separation of power in the Constitution when it was written in order to make sure no one was able to become too powerful What were they scared of? They didn’t want to see something resembling a monarchy develop by giving one branch of government too much power. FLREA Copyright 2012

Thoughts of Our Founders Below and on your worksheet are quotes by 3 Founders. Answer the questions on your worksheet individually and then discuss with your group. “Give all power to the many, they will oppress the few. Give all power to the few, they will oppress the many.” Alexander Hamilton “There are two passions which have a Powerful influence on the affairs of men. These are ambition and [greed]; the love of power and the love of money.” Benjamin Franklin “From the nature of man, we may be sure that those who have power in their hands…will always, when they can…increase it.” George Mason *This can be done in small groups or individually Students should answer the questions in reference to the quotes on side 2 of their student handout. Upon completion discuss as a class or in small groups. FLREA Copyright 2012