And the members of the judiciary department are appointed
by the executive department.
The constitution of Massachusetts has observed a sufficient though less
pointed caution, in expressing this fundamental article of liberty. It
declares "that the legislative department shall never exercise the
executive and judicial powers, or either of them; the executive shall
never exercise the legislative and judicial powers, or either of them;
the judicial shall never exercise the legislative and executive powers,
or either of them." This declaration corresponds precisely with the
doctrine of Montesquieu, as it has been explained, and is not in a
single point violated by the plan of the convention. It goes no farther
than to prohibit any one of the entire departments from exercising the
powers of another department. In the very Constitution to which it is
prefixed, a partial mixture of powers has been admitted. The executive
magistrate has a qualified negative on the legislative body, and the
Senate, which is a part of the legislature, is a court of impeachment
for members both of the executive and judiciary departments. The members
of the judiciary department, again, are appointable by the executive
department, and removable by the same authority on the address of the
two legislative branches.
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