This would have been the case in the constitution examined by
him, if the king, who is the sole executive magistrate, had possessed
also the complete legislative power, or the supreme administration of
justice; or if the entire legislative body had possessed the supreme
judiciary, or the supreme executive authority. This, however, is not
among the vices of that constitution. The magistrate in whom the whole
executive power resides cannot of himself make a law, though he can put
a negative on every law; nor administer justice in person, though he has
the appointment of those who do administer it. The judges can exercise
no executive prerogative, though they are shoots from the executive
stock; nor any legislative function, though they may be advised with by
the legislative councils. The entire legislature can perform no
judiciary act, though by the joint act of two of its branches the judges
may be removed from their offices, and though one of its branches is
possessed of the judicial power in the last resort. The entire
legislature, again, can exercise no executive prerogative, though one of
its branches constitutes the supreme executive magistracy, and another,
on the impeachment of a third, can try and condemn all the subordinate
officers in the executive department.
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