Constitutional history -- United States -- Sources; Constitutional law -- United States
Lastly, a number of the officers of government are annually appointed
by the legislative department. As the appointment to offices,
particularly executive offices, is in its nature an executive function,
the compilers of the Constitution have, in this last point at least,
violated the rule established by themselves. I pass over the
constitutions of Rhode Island and Connecticut, because they were formed
prior to the Revolution, and even before the principle under
examination had become an object of political attention. The
constitution of New York contains no declaration on this subject; but
appears very clearly to have been framed with an eye to the danger of
improperly blending the different departments. It gives, nevertheless,
to the executive magistrate, a partial control over the legislative
department; and, what is more, gives a like control to the judiciary
department; and even blends the executive and judiciary departments in
the exercise of this control. In its council of appointment members of
the legislative are associated with the executive authority, in the
appointment of officers, both executive and judiciary. And its court
for the trial of impeachments and correction of errors is to consist of
one branch of the legislature and the principal members of the
judiciary department. 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
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