A Quote by Thomas Jefferson
The constitution has divided the powers of government into three branches, Legislative, Executive and Judiciary, lodging each with a distinct magistracy. The Legislative it has given completely to the Senate and House of Representatives. It has declared that the Executive powers shall be vested in the President, submitting special articles of it to a negative by the Senate, and it has vested the Judiciary power in the courts of justice, with certain exceptions also in favor of the Senate.
Quote Topics
Quote Author
Related Quotes
Experience has instructed us that no skill in the science of government has yet been able to discriminate and define, with sufficient certainty, its three great provinces the legislative, executive, and judiciary; or even the privileges and powers of the different legislative branches.
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.
In the United States there are three parts of our government - the judiciary, the legislative and the executive - and the powers are divided on purpose. And that was - that - so that no one branch could run off.
What is to be the consequence, in case the Congress shall misconstrue this part [the necessary and proper clause] of the Constitution and exercise powers not warranted by its true meaning, I answer the same as if they should misconstrue or enlarge any other power vested in them . . . the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in a last resort a remedy must be obtained from the people, who can by the elections of more faithful representatives, annul the acts of the usurpers.
While the seeming independence of the federal judiciary has played a vital part in making its actions virtual Holy Writ for the bulk of the people, it is also and ever true that the judiciary is part and parcel of the government apparatus and appointed by the executive and legislative branches.
The whole body of the nation is the sovereign legislative, judiciary, and executive power for itself. The inconvenience of meeting to exercise these powers in person, and their inaptitude to exercise them, induce them to appoint special organs to declare their legislative will, to judge and to execute it. It is the will of the nation which makes the law obligatory.
Under our system of three branches of government, the courts ultimately are the checks on the legislative and executive branches when they exceed or even abuse the limits of their power.
In the legislature, the House of Representatives is chosen by less than half the people, and not at all in proportion to those who do choose. The Senate are still more disproportionate, and for long terms of irresponsibility. In the Executive, the Governor is entirely independent of the choice of the people, and of their control; his Council equally so, and at best but a fifth wheel to a wagon. In the Judiciary, the judges of the highest courts are dependent on none but themselves.
That the legislative and executive powers of the State should be separate and distinct from the judiciary; and that the members of the two first may be restrained from oppression, by feeling and participating the burdens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain, and regular elections, in which all, or any part of the former members, to be again eligible, or ineligible, as the laws shall direct.
The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, selfappointed, or elective, may justly be pronounced the very definition of tyranny.
The principle of the Constitution is that of a separation of legislative, Executive and Judiciary functions, except in cases specified. If this principle be not expressed in direct terms, it is clearly the spirit of the Constitution, and it ought to be so commented and acted on by every friend of free government.
If you look at the Constitution, the two clauses of the Constitution make it very clear the president shall nominate, and the Senate shall provide advice and consent. It's been since 1888 that a Senate of a different party than the president in the White House confirmed a Supreme Court nominee.
When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Now that Mr. Trump is the President-elect: If he chooses, he can, by executive order, repeal most of what President Barack Obama brought into existence, including the thawing of the relationship between the United States and the people of Cuba. And because there is a Republican Senate, a Republican House of Representatives, a Republican president, it is more than likely that his legislative program will be accepted; his nominations to the Supreme Court may very well be accepted.
The Massachusetts constitution was written much later than the other revolutionary state constitutions, and thus it avoids some of the earlier mistakes. The executive is stronger, with a limited veto; the senate is more formidable; and the judiciary is independent.
There are checks and balances and broad separation of powers under the Constitution. Each organ of the State, i.e. the legislature, the executive and the judiciary, must have respect for the others and not encroach into each other's domain.
Related Authors
Abraham Lincoln Quotes
American
President
Barack Obama Quotes
American
President
Donald Trump Quotes
American
President
Dwight D. Eisenhower Quotes
American
President
Franklin D. Roosevelt Quotes
American
President
George W. Bush Quotes
American
President
George Washington Quotes
American
President
James Madison Quotes
American
President
Joe Biden Quotes
American
President
John F. Kennedy Quotes
American
President
Mike Pence Quotes
American
President
Ronald Reagan Quotes
American
President
Theodore Roosevelt Quotes
American
President
Vladimir Putin Quotes
Russian
President
William J. Clinton Quotes
American
President
Woodrow Wilson Quotes
American
President