Separation of Powers: A “Dogmatic Maxim” in the Constitution

Source: Tenth Amendment Center
by Michael Boldin

“James Madison considered the separation of powers so important he not only called it a ‘dogmatic maxim,’ he expressly included it as part of his proposed amendments for the Bill of Rights. Representing the twin-pillars making up the foundation of the Constitution, Madison’s proposal would’ve created a new Article VII — putting separation of powers and what became the 10th Amendment — together in the body of the text. Much of the debate over ratification revolved around a question over what qualified as a separation of powers. The question was not whether the Constitution would embody the separation of powers to at least some degree, since few denied this at all, but rather, whether the separation was adequate to prevent consolidation — centralization of power — and tyranny.” (05/04/22)