Constitutional history -- United States -- Sources; Constitutional law -- United States
The language of Virginia is still more pointed on this subject. Her
constitution declares, "that the legislative, executive, and judiciary
departments shall be separate and distinct; so that neither exercise the
powers properly belonging to the other; nor shall any person exercise
the powers of more than one of them at the same time, except that
the justices of county courts shall be eligible to either House of
Assembly." Yet we find not only this express exception, with respect to
the members of the inferior courts, but that the chief magistrate, with
his executive council, are appointable by the legislature; that two
members of the latter are triennially displaced at the pleasure of the
legislature; and that all the principal offices, both executive and
judiciary, are filled by the same department. The executive prerogative
of pardon, also, is in one case vested in the legislative department.
The constitution of North Carolina, which declares "that the
legislative, executive, and supreme judicial powers of government ought
to be forever separate and distinct from each other," refers, at the
same time, to the legislative department, the appointment not only of
the executive chief, but all the principal officers within both that and
the judiciary department.
In South Carolina, the constitution makes the executive magistracy
eligible by the legislative department. It gives to the latter, also,
the appointment of the members of the judiciary department, including
even justices of the peace and sheriffs; and the appointment of officers
in the executive department, down to captains in the army and navy of
the State.
In the constitution of Georgia, where it is declared "that the
legislative, executive, and judiciary departments shall be separate and
distinct, so that neither exercise the powers properly belonging to
the other," we find that the executive department is to be filled by
appointments of the legislature; and the executive prerogative of pardon
to be finally exercised by the same authority. Even justices of the
peace are to be appointed by the legislature.
Public-domain text, read in full here on John Shaqi.
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