 Madison 's plan operated on several assumptions that were not seriously challenged . During the deliberations , few raised serious objections to the planned bicameral congress , nor the separate executive function , nor the separate judicial function . As English law had typically recognized government as having two separate functions , law making embodied in the legislature , and law executing embodied in the king and his courts , the division of the legislature from the executive and judiciary was a natural and uncontested point . 
