Notes

The Constitution also includes the less democratic ideas of Montesquieu. The framers (creators) of the Constitution—including James Madison, George Washington, and Alexander Hamilton—were concerned about the violence of the post-Revolutionary period. Events like Shays' Rebellion (1786–1787), which almost resulted in potential mob rule, suggested there might be too much democracy, and that maybe individual liberty was going too far.

The words "we the people" on a paper scroll placed on the American flag. (opens in new tab)
The words "we the people" form the heading of a paper scroll, which is placed on the American flag. These words are from the preamble of the United States Constitution and are the focus of the image.
"American Flag and the United States Constitution - stock photo(opens in new tab)" by Liliboas, Getty Images Content License Agreement(opens in new tab)
Concern for the security of property rights led to a reaction against some of the more democratic ideas associated with the Revolutionary War. This basic idea can be seen in Madison’s defense of the Constitution in Federalist, no. 10.1 Madison was in favor of the solution offered by Montesquieu, in his The Spirit of the Laws (1748).

Montesquieu argues for representative rather than popular rule and for the division of political power within government to lessen the impact of the popular will.2

The Constitution incorporates Montesquieu's principles by separating the legislative, executive, and judicial powers, placing each into the hands of different political groups. Note how the first three articles divide the powers of government into these basic elements. Consistent with Montesquieu's effort to offset the power of factional (self-interested) elements in society, the Constitution establishes a bicameral legislature, with each chamber serving different social groups: the House of Representatives serves the people, and the Senate serves the states. The Constitution creates a chief executive (president) in a process that distances the nation's presidents from the popular will; a specially selected subset of voters called presidential electors chooses the president. State legislatures, not the people, select these electors. Overall, the Constitution serves to check factional power against factional power.
Furthermore, given its special circumstances, the Constitution works to undermine the sovereignty of the states. The list of enumerated rights appearing in Article I gives Congress considerable power over activity that goes beyond state boundaries, including depriving states of any power in foreign affairs.

The power granted to Congress is enhanced by the Necessary and Proper Clause, which allows Congress considerable authority in carrying out its enumerated powers. Unlike the Articles of Confederation, the power of the national government under the Constitution is increased as the power of the states decreases. This allows Montesquieu's checking of power to extend to yet another political level.

Also consistent with Montesquieu, the Constitution is not too concerned about the protection of natural rights. Other than the most basic of protections from government, such as habeas corpus, the Constitution is mostly silent on natural rights. Perhaps the only positive protection is the banning of religious tests for office, which appears at the end of Article VI.

As for liberty, it appears only in the Preamble, following a list of other priorities, including justice, domestic tranquility, the common defense, and the general welfare. In fact, in Federalist no. 51, Madison goes so far as to write,3

"Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit."

- James Madison, 1787

This statement appears to contradict the Declaration of Independence, where the right of liberty, above all, is prized. Instead, Madison says liberty can be readily sacrificed in the pursuit of justice, which is in agreement with Montesquieu.

The Constitution is more interested in the practicalities of government than in the protection of natural rights. Thus, it reflected those ideas of the Enlightenment.