BUT NO BARRIER WAS PROVIDED
BETWEEN THESE SEVERAL POWERS. The judiciary and the executive members
were left dependent on the legislative for their subsistence in office,
and some of them for their continuance in it. If, therefore, the
legislature assumes executive and judiciary powers, no opposition is
likely to be made; nor, if made, can be effectual; because in that case
they may put their proceedings into the form of acts of Assembly, which
will render them obligatory on the other branches. They have
accordingly, IN MANY instances, DECIDED RIGHTS which should have been
left to JUDICIARY CONTROVERSY, and THE DIRECTION OF THE EXECUTIVE,
DURING THE WHOLE TIME OF THEIR SESSION, IS BECOMING HABITUAL AND
FAMILIAR."
The other State which I shall take for an example is Pennsylvania; and
the other authority, the Council of Censors, which assembled in the
years 1783 and 1784. A part of the duty of this body, as marked out by
the constitution, was "to inquire whether the constitution had been
preserved inviolate in every part; and whether the legislative and
executive branches of government had performed their duty as guardians
of the people, or assumed to themselves, or exercised, other or greater
powers than they are entitled to by the constitution.
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