Constitutional history -- United States -- Sources; Constitutional law -- United States
If we look into the constitutions of the several States, we find that,
notwithstanding the emphatical and, in some instances, the unqualified
terms in which this axiom has been laid down, there is not a single
instance in which the several departments of power have been kept
absolutely separate and distinct. New Hampshire, whose constitution was
the last formed, seems to have been fully aware of the impossibility and
inexpediency of avoiding any mixture whatever of these departments,
and has qualified the doctrine by declaring "that the legislative,
executive, and judiciary powers ought to be kept as separate from,
and independent of, each other AS THE NATURE OF A FREE GOVERNMENT WILL
ADMIT; OR AS IS CONSISTENT WITH THAT CHAIN OF CONNECTION THAT BINDS THE
WHOLE FABRIC OF THE CONSTITUTION IN ONE INDISSOLUBLE BOND OF UNITY AND
AMITY." Her constitution accordingly mixes these departments in several
respects. The Senate, which is a branch of the legislative department,
is also a judicial tribunal for the trial of impeachments. The
President, who is the head of the executive department, is the presiding
member also of the Senate; and, besides an equal vote in all cases,
has a casting vote in case of a tie. The executive head is himself
eventually elective every year by the legislative department, and
his council is every year chosen by and from the members of the same
department. Several of the officers of state are also appointed by the
legislature. And the members of the judiciary department are appointed
by the executive department.
Public-domain text, read in full here on John Shaqi.
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