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The Freeman 1972 - The Ludwig von Mises Institute

The Freeman 1972 - The Ludwig von Mises Institute

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740 THE FREEMAN Decembering to the example in most of theStates. Even the judges, with all otherofficers of the Union, will, as in theseveral States, be the choice, thougha remote choice, of the people themselves.12As they understood the differencebetween a republic and a democracy,it was a republic, not ademocracy. Though it was basedon the people, the people actedthrough representatives. Populardecision went through a series offiltrations, as Madison put it, beforeit became government action.<strong>The</strong> United States was not amonarchy, and safeguards wereintroduced to prevent its becomingone, as Madison said:Could any further proof be requiredof the republican complexion of thissystem, the most decisive one mightbe found in its absolute prohibition oftitles of nobility, both under the federaland State governments; and inits express guaranty of the republicanto each of the latter.l 33. Separation and Balance 01 PowersIf there was one principle uponwhich the Founders were agreedmore than any other it was thatof the separation of powers. Montesquieuhad taught them that itwas a requisite of good government.Both they and Montesquieuknew the separation of powers inprinciple from the British example.State governments alreadyincorporated the principle, howeverimperfectly. Once it was decidedthat the power to coerceindividuals would be lodged in theUnited States government therewas little doubt that a system ofchecks and balances must be lqcatedin the system. If the individualcould be coerced by it thenthe government must be restrainedby checks and balances.For this to be done, there mustbe several branches to limit oneanother. <strong>The</strong> branches, as constituted,made it a mixed government.·This idea is not so wellknown anymore, for it comes fromclassical theory, which no longeris the basis of our studies as itwas for the Founders. <strong>The</strong> ideais that there are three possiblepure modes of rule: they are,monarchy, aristocracy, and democracy.In this sense, neither theUnited States nor the states havea pure form of government; theyare, instead, mixed. In the UnitedStates government, the Presidentis based on the monarchical principle,the Senate the aristocratic,and the House the democratic(both because it has more membersand is directly elected). Itwas not monarchy,aristocracy, ordemocracy, but rather drawn from

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