A Quote by Baron de Montesquieu
There is as yet no liberty if the power of judging be not separated from legislative power and the executrix
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It equally proves, that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive. For I agree, that "there is no liberty, if the power of judging be not separated from the legislative and executive powers." And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments.
Liberty is not just an idea, an abstract principle. It is power, effective power to do specific things. There is no such thing as liberty in general; liberty, so to speak, at large.
I do not conceive that power is given to the President and Senate to dismember the empire, or to alienate any great, essential right. I do not think the whole legislative authority have this power. The exercise of the power must be consistent with the object of the delegation.
The Legislative cannot transfer the Power of Making Laws to any other hands. For it being but a delegated Power from the People, they who have it, cannot pass it over to others. The People alone can appoint the Form of the Commonwealth, which is by Constituting the Legislative, and appointing in whose hands that shall be.
No country can be called free which is governed by an absolute power; and it matters not whether it be an absolute royal power or an absolute legislative power, as the consequences will be the same to the people.
Donald Trump, despite his campaign promises, this is not a guy who is going to be willing to send executive power that belongs to the legislative branch back to the legislative branch. I mean, Donald Trump is going to try to amass and consolidate power, given that he's an authoritarian.
Our Founding Fathers well understood that concentrated power is the enemy of liberty and the rights of man. They knew that the American experiment in individual liberty, free enterprise and republican self-government could succeed only if power were widely distributed. And since in any society social and political power flow from economic power, they saw that wealth and property would have to be widely distributed among the people of the country. The truth of this insight is immediately apparent.
Taste consists in the power of judging; genius in the power of executing.
The natural liberty of man is to be free from any superior power on Earth, and not to be under the will or legislative authority of man, but only to have the law of nature for his rule.
King is a title which translated into several languages, signifies a magistrate with as many different degrees of power as there are kingdoms in the world, and he can have no power but what is given him by law; yea, even the supreme or legislative power is bound by the rules of equity, to govern by laws enacted, and published in due form; for what is not legal is arbitrary.
I would define liberty to be a power to do as we would be done by. The definition of liberty to be the power of doing whatever the law permits, meaning the civil laws, does not seem satisfactory.
There is no one force, no group, and no class that is the preserver of liberty. Liberty is preserved by those who are against the existing chief power. Oppositions which do not express genuine social forces are as trivial, in relation to entrenched power, as the old court jesters.
Is there a Legislative power in fact, not expressly prohibited by the Constitution, which might not, according to the doctrine of the Court, be exercised as a means of carrying into effect some specified Power?
Whensoever, therefore, the legislative shall transgress this fundamental rule of society, and either by ambition, fear, folly, or corruption, endeavour to grasp themselves, or put into the hands of any other, an absolute power over the lives, liberties, and estates of the people, by this breach of trust they forfeit the power the people had put into the hands... and it devolves to the people, who have a right to resume their original liberty, and... provide for their own safety and security.
The power of the legislative being derived from the people by a positive voluntary grant and institution, can be no other than what that positive grant conveyed, which being only to make laws, and not to make legislators, the legislative can have no power to transfer their authority of making laws, and place it in other hands.
He possessed the power. He held it in his hand. A power stronger than the power of money or the power of terror or the power of death: the invincible power to command the love of mankind. There was only one thing that power could not do: it could not make him able to smell himself.
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