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By Charles S. Hyneman, Donald S. Lutz

American Founding and structure

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Read or Download American Political Writing During the Founding Era, 1760-1805, 2-Vol. Set (v. 1 & 2) PDF

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Extra info for American Political Writing During the Founding Era, 1760-1805, 2-Vol. Set (v. 1 & 2)

Sample text

And their reasons were so prevalent in that day as at length to prevent his being chosen, after which he never had a seat at the board though he lived many years. What situation must the poor subjects be in under those republics where [the body of magistrates who execute the laws are able to utilize a whole body of powers] which they have given themselves in another capacity as legislators. They may plunder the state by their general determinations; and as they have likewise the judiciary power in their hands, every private citizen may be ruined by their particular decisions.

A judge] generally is of the first character for natural endowments and acquired abilities. The authority involved upon him is great. His dependents, whether he chuses it or not, are many— that is, there are many who are constantly expectant upon his decisions. Hence his connections must be very strong and his influence very powerful, too powerful perhaps for one man, even to a degree of danger to common liberty. Chancellors and other judges, Mr. J says, have their seats and voices in parliament; it is no uncommon thing for them to be created peers of the realm, at or after the time of their appointment to their respective offices.

The whole share which the executive power has in legislation is barely legislative; it may or may not annul the resolutions of the legislative body as it pleases. But a Councellor has a positive share in those resolutions. The legislative body is composed of two parts. Each one checks the other by the mutual privilege of rejection. They are both checked by the executive power, as the executive by the legislative. There is and should be a sufficient weight in each of these powers to keep an even balance.

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