This is the interview that closes Week 14 of Self-Evident: The Road to 1776. Saturday’s episode read Montesquieu’s chapter on England and followed his design into Madison’s hands. Tuesday’s watched the House of Representatives stop checking the executive. Today Jared takes the judicial side of the same question, and his answer is that the courts have been handing the executive power too.

This contemporary-application episode takes the question Episode 14 ended on — what happens to a constitutional design when the parts stop resisting each other — and puts it to the House of Representatives this month. In Federalist 51, Madison connected the interest of the man to the constitutional rights of the place. In his chapter on England, Montesquieu gave the legislature the means of examining how its laws are executed, and warned against a legislature a considerable t

This episode goes into the sixth chapter of the eleventh book — the most quoted passage of political writing produced in the eighteenth century, and among the least accurately remembered. Read to the halfway mark it says what everyone thinks it says: three powers, three sets of hands, keep them apart. Read past that point and Montesquieu dismantles both prohibitions. He does not want a permanent judiciary at all. He wants occasional tribunals of ordinary men, assembled for th