Graham's Magazine, Vol. XL, No. 3, March 1852Various
Science
Graham's Magazine, Vol. XL, No. 3, March 1852
Various
Literature -- Periodicals; Literature, Modern -- 19th century -- Periodicals
And now, let us look at the consequences. From Aristotle down to the
last elementary writer on Government, it has been every where, and at
all times, acknowledged, that every possible kind of sway upon earth,
between Despotism and Anarchy, may be resolved into three elements of
power, differently combined, or combined in different proportions. These
elements are: 1. The Legislative, or law-making power; 2. The Judicial,
or law-expounding power; and 3. The Executive, or law-enforcing power.
Taken together we have what is called the Sovereign Power. The power of
making laws, of saying what they mean, and of carrying them into
execution being all that is ever needed for government.
And this, the Sovereign Power, may be concentrated in one person, whence
we have the Czar, the Sultan, or the Autocrat; or it may be confined to
a few—as in Sparta, or Genoa, or Venice, or Poland—constituting either
an Aristocracy or an Oligarchy; or it may be distributed among the
people equally, as at Rome or Athens at particular periods of their
history, when they were a tumultuous unmanageable Democracy: or
unequally, as in England, or in these United States, thereby
constituting a Limited Monarchy, or a Representative Republic,
pretending to a balance, by the help of a King or President, a House of
Lords, or a Senate, and a House of Commons or a House of
Representatives, and a Judiciary, more or less dependent upon the
Executive.
Of all these different systems the worst by far is an Oligarchy—or the
government of a privileged few—no matter whether elective and shifting,
or permanent, provided that, as a body or estate, they are allowed by
common consent to make the laws—to expound the laws—and to carry the
laws into execution, by holding all the offices worth having, from that
of the monarch or president, down to that of a clerk or
sergeant-at-arms.
True it is, that by no human contrivance can the three elements of power
above mentioned, be kept entirely separate—for they will run into each
other—as where the Supreme Executive is allowed a veto, or required to
sanction a law: and where the Senate, as a branch of the Supreme
Legislative power, intermeddles with the appointing power of the
Executive under the name of confirmation; and where the Supreme
Judiciary, after being appointed by the Executive and confirmed by the
Senate, are made dependent upon that other branch of the Supreme
Legislative power for the payment of their salaries—the House
originating all money bills and voting supplies—turn about, in their
capacity of Supreme Judges, and are allowed to unsettle, if they please,
by their interpretation, whatever the Supreme Legislative power may
choose to enact for law.
Public-domain text, read in full here on John Shaqi.
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