Constitutional history -- United States -- Sources; Constitutional law -- United States
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. 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.
Public-domain text, read in full here on John Shaqi.
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