Constitutional history -- United States -- Sources; Constitutional law -- United States
After discriminating, therefore, in theory, the several classes of
power, as they may in their nature be legislative, executive, or
judiciary, the next and most difficult task is to provide some
practical security for each, against the invasion of the others.
What this security ought to be, is the great problem to be solved. Will
it be sufficient to mark, with precision, the boundaries of these
departments, in the constitution of the government, and to trust to
these parchment barriers against the encroaching spirit of power? This
is the security which appears to have been principally relied on by the
compilers of most of the American constitutions. But experience assures
us, that the efficacy of the provision has been greatly overrated; and
that some more adequate defense is indispensably necessary for the more
feeble, against the more powerful, members of the government. The
legislative department is everywhere extending the sphere of its
activity, and drawing all power into its impetuous vortex. The founders
of our republics have so much merit for the wisdom which they have
displayed, that no task can be less pleasing than that of pointing out
the errors into which they have fallen. A respect for truth, however,
obliges us to remark, that they seem never for a moment to have turned
their eyes from the danger to liberty from the overgrown and
all-grasping prerogative of an hereditary magistrate, supported and
fortified by an hereditary branch of the legislative authority. They
seem never to have recollected the danger from legislative usurpations,
which, by assembling all power in the same hands, must lead to the same
tyranny as is threatened by executive usurpations. In a government
where numerous and extensive prerogatives are placed in the hands of an
hereditary monarch, the executive department is very justly regarded as
the source of danger, and watched with all the jealousy which a zeal
for liberty ought to inspire. In a democracy, where a multitude of
people exercise in person the legislative functions, and are
continually exposed, by their incapacity for regular deliberation and
concerted measures, to the ambitious intrigues of their executive
magistrates, tyranny may well be apprehended, on some favorable
emergency, to start up in the same quarter. But in a representative
republic, where the executive magistracy is carefully limited; both in
the extent and the duration of its power; and where the legislative
power is exercised by an assembly, which is inspired, by a supposed
influence over the people, with an intrepid confidence in its own
strength; which is sufficiently numerous to feel all the passions which
actuate a multitude, yet not so numerous as to be incapable of pursuing
the objects of its passions, by means which reason prescribes; it is
against the enterprising ambition of this department that the people
ought to indulge all their jealousy and exhaust all their precautions.
Public-domain text, read in full here on John Shaqi.
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