Concerning JusticeEmery, Lucilius A. (Lucilius Alonzo)
Philosophy
Concerning Justice
Emery, Lucilius A. (Lucilius Alonzo)
Courts -- United States; Justice; Justice, Administration of
When the draft of the Federal Constitution of 1787 was submitted to
the states, one of the principal objections urged against it was that
in its structure sufficient regard was not paid to keeping the three
departments of government separate and distinct. In reference to this
objection Madison wrote in the "Federalist": "No political truth is
certainly of greater intrinsic value or is stamped with the authority
of more enlightened patrons of liberty than that on which this
objection is founded. The accumulation of all powers, legislative,
executive, and judiciary, in the same hands, whether of one, few, or
many, and whether hereditary, self-appointed, or elective, may justly
be pronounced the very definition of tyranny. Were the Federal
Constitution therefore really chargeable with this accumulation of
powers, or with a mixture of powers having a dangerous tendency to
such an accumulation, no further argument would be necessary to
inspire a universal reprobation of the system." He elsewhere declared
the maxim to be a "fundamental article of liberty."
Hamilton was apprehensive of danger to liberty from the legislative
department and favored a strong executive to guard against it. He
declared in the "Federalist" that the legislative department was
"everywhere extending the sphere of its activity and drawing all power
into its impetuous vortex,"--that the people "never seem to have
recollected the danger from legislative usurpation which by assembling
all power in the same hands must lead to the same tyranny as is
threatened by executive usurpation." Washington in his Farewell
Address, after much experience with, and observation of, legislative
action, said: "The necessity of reciprocal checks in the exercise of
political power by dividing and distributing it in different
depositaries and constituting each the guardian of the public weal
against invasions by the others has been evinced by experiments
ancient and modern, some of them in our own country and under our own
eyes. To preserve them must be as necessary as to institute them."
Public-domain text, read in full here on John Shaqi.
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