History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
All correct reasoning on this subject, and all true construction of
governments like ours, must commence with two propositions, one of
which embraces a truth of political science, and the other a truth of
general morals. The first is, that, while the different functions of
government are to be distributed among different persons, and to be
kept distinctly separated, in order that there may be both division of
labor and checks against the abuse of power, it is occasionally
necessary that some room should be allowed for supplying the want of
wisdom or virtue in one department by the wisdom or virtue of another.
In matters of government depending on mere discretion, unlimited
confidence cannot with safety be placed anywhere.[169] The other
proposition is the very plain axiom in morals, that, while in all
human transactions there may be bad means employed to effect a worthy
object, the character of those means can never be altered, nor their
use justified, by the character of the end. With these two
propositions admitted, what is to be done is to discover that
arrangement of the powers and relations of the different departments
whose acts involve, more or less, the exercise of pure discretion,
which will give the best effect to both of these truths; and as all
government and all details of government, to be useful, must be
practically adapted to the nature of man, it will be found that an
approximation in practice to a perfect theory is all that can be
attained.
Thus the general duties and powers of the legislative and the
executive departments are capable of distinct separation. The one is
to make, the other is to execute the laws. But execution of the laws
of necessity involves administration, and administration makes it
necessary that there should be an executive policy. To carry out that
policy requires new laws; authority must be obtained to do acts not
before authorized; and supplies must be perpetually renewed. The
executive stands therefore in a close relation to the legislative
department;--a relation which makes it necessary for the one to appeal
frequently, and indeed constantly, to the discretion of the other. If
the executive is left at liberty to purchase what it believes or
alleges to be the right exercise of that discretion, by the
inducements of money or office applied to a particular case, the rule
of common morals is violated; conscience becomes false to duty, and
corruption, having once entered the body politic, may be employed to
effect bad ends as well as good. Nay, as bad ends will stand most in
need of its influence, it will be applied the most grossly where the
object to be attained is the most culpable. On the other hand, if the
members of the legislative body, by being made incapable of accepting
the higher or more lucrative offices of state, are cut off from those
inducements to right conduct and a true ambition which the
imperfections of our nature have made not only powerful, but sometimes
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