Constitutional history -- United States -- Sources; Constitutional law -- United States
The constitution of New Jersey has blended the different powers of
government more than any of the preceding. The governor, who is the
executive magistrate, is appointed by the legislature; is chancellor and
ordinary, or surrogate of the State; is a member of the Supreme Court of
Appeals, and president, with a casting vote, of one of the legislative
branches. The same legislative branch acts again as executive council of
the governor, and with him constitutes the Court of Appeals. The members
of the judiciary department are appointed by the legislative department
and removable by one branch of it, on the impeachment of the other.
According to the constitution of Pennsylvania, the president, who is the
head of the executive department, is annually elected by a vote in
which the legislative department predominates. In conjunction with an
executive council, he appoints the members of the judiciary department,
and forms a court of impeachment for trial of all officers, judiciary as
well as executive. The judges of the Supreme Court and justices of the
peace seem also to be removable by the legislature; and the executive
power of pardoning in certain cases, to be referred to the same
department. The members of the executive council are made EX-OFFICIO
justices of peace throughout the State.
In Delaware, the chief executive magistrate is annually elected by the
legislative department. The speakers of the two legislative branches are
vice-presidents in the executive department. The executive chief,
with six others, appointed, three by each of the legislative branches
constitutes the Supreme Court of Appeals; he is joined with the
legislative department in the appointment of the other judges.
Throughout the States, it appears that the members of the legislature
may at the same time be justices of the peace; in this State, the
members of one branch of it are EX-OFFICIO justices of the peace; as are
also the members of the executive council. The principal officers of the
executive department are appointed by the legislative; and one branch of
the latter forms a court of impeachments. All officers may be removed on
address of the legislature.
Maryland has adopted the maxim in the most unqualified terms; declaring
that the legislative, executive, and judicial powers of government ought
to be forever separate and distinct from each other. Her constitution,
notwithstanding, makes the executive magistrate appointable by the
legislative department; and the members of the judiciary by the
executive department.
Public-domain text, read in full here on John Shaqi.
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