Switzerland; Switzerland -- Politics and government -- 1815-
We speak of three co-ordinate branches and of their working, each in
a separate and defined province; and yet, as must of necessity be
the case in human affairs, the lines of demarcation are not always
clear, and unless confusion is to be endless, a power must exist
somewhere to determine the limits of the separate provinces, and to
decide controversies in regard to them. The power to do this has been
confided under the system of the United States to the courts, in
accordance with the principles of the common law, if not by the express
provisions of the constitution. To the United States Supreme Court is
confided the duty of deciding questions involving the limitations of
the different branches of the government. It diminishes the danger of
collision between the different political bodies among which power
is distributed, because these bodies are not brought into direct
contact, but act each in its own way directly on the people; the
courts regulating conflicts of authority as they arise. The peace,
the prosperity, and the very existence of the Union are invested in
its hands; the executive appeals to it for assistance against the
encroachments of the legislative power, and the legislature demands
its protection from the designs of the executive; it defends the Union
from disobedience of the States, and the States from the exaggerated
claims of the Union, the public interests against the interests of
private citizens, and the conservative spirit of order against the
fleeting innovations of democracy. This form of government, with the
immense power it gives to the courts, could not exist among a people
whose reverence for law and submissiveness to its mandates were not
very great, and would not be possible, moreover, if it did not rest on
a popular basis.
CHAPTER VI.
THE CANTONS.
Public-domain text, read in full here on John Shaqi.
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