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We continue our leisurely stroll through The Federalist with an extended look at Federalist numbers 47 through 51, which explain the key concept of the separation of powers—a phrase that is nowhere found in the text of the Constitution, but which is clearly implied by the design and structure of the text. But Madison and Hamilton leave nothing to chance, citing “the celebrated Montesquieu” as a theoretical authority, but drawing also on the mixed experience of the early state constitutions.
Next week we’ll take a detour and explain why the Progressive movement singled out the separation of powers as their chief point of attack on the Constitution.