To
what purpose separate the executive or the judiciary from the
legislative, if both the executive and the judiciary are so constituted
as to be at the absolute devotion of the legislative? Such a separation
must be merely nominal, and incapable of producing the ends for which it
was established. It is one thing to be subordinate to the laws, and
another to be dependent on the legislative body. The first comports
with, the last violates, the fundamental principles of good government;
and, whatever may be the forms of the Constitution, unites all power in
the same hands. The tendency of the legislative authority to absorb
every other, has been fully displayed and illustrated by examples in
some preceding numbers. In governments purely republican, this tendency
is almost irresistible. The representatives of the people, in a popular
assembly, seem sometimes to fancy that they are the people themselves,
and betray strong symptoms of impatience and disgust at the least sign
of opposition from any other quarter; as if the exercise of its rights,
by either the executive or judiciary, were a breach of their privilege
and an outrage to their dignity.
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