Legal Masterpieces

Legal Masterpieces

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ... department of the gov-ernment. Not a co-ordinate department? Is it meant that there is no department co-ordinate with congress? This is the first time when it has been suggested here that the judicial departrneht is not co-ordinate with either of the others. And certain I am that in the great convention, where sat the Conscript Fathers who made this constitution, such an idea never entered; for I find that at the beginning, for the original plan, it was resolved, as the first resolution of the convention, that "it is the opinion of this committee that a national government ought to be established, consisting of a supreme legislative, executive, and judiciary." Turning to the comments of the founders of the government, I find in the "Federalist," the forty-eighth and fifty-first numbers, this remarkable exposition by Mr. Madison, written as if in the spirit of prophecy: 'I shall undertake in the next place to show that, unless these departments be so far connected and blended as to give to each a constitutional control over the others, the degree of separation which the maxim requires as essential to a free government can never in practice be duly maintained..... It will not be denied that power is of an encroaching nature, and that it ought to be effectually restrained from passing the limits assigned to it..... The legislative department is everywhere extending the sphere of its activity, and drawing all power into its impetuous vortex..... In a representative republic, where the executive magistracy is carefully limited, both in the extent and the duration of its power, and where the legislative power is exercised by an assembly which is inspired by a supposed influence over the people with an intrepid...
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Product details

  • Paperback | 308 pages
  • 189 x 246 x 17mm | 553g
  • United States
  • English
  • black & white illustrations
  • 1236835379
  • 9781236835376