New Hampshire, whose constitution was
the last formed, seems to have been fully aware of the impossibility and
inexpediency of avoiding any mixture whatever of these departments, and
has qualified the doctrine by declaring "that the legislative,
executive, and judiciary powers ought to be kept as separate from, and
independent of, each other AS THE NATURE OF A FREE GOVERNMENT WILL
ADMIT; OR AS IS CONSISTENT WITH THAT CHAIN OF CONNECTION THAT BINDS THE
WHOLE FABRIC OF THE CONSTITUTION IN ONE INDISSOLUBLE BOND OF UNITY AND
AMITY." Her constitution accordingly mixes these departments in several
respects. The Senate, which is a branch of the legislative department,
is also a judicial tribunal for the trial of impeachments. The
President, who is the head of the executive department, is the presiding
member also of the Senate; and, besides an equal vote in all cases, has
a casting vote in case of a tie. The executive head is himself
eventually elective every year by the legislative department, and his
council is every year chosen by and from the members of the same
department. Several of the officers of state are also appointed by the
legislature.
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