ers. For this reason that convention which passed the ordinance of
government laid its foundation on this basis, that the legislative,
executive, and judicial departments should be separate and distinct,
so that no person should exercise the powers of more than one of them
at the same time. But no barrier was provided between these several
powers. The judiciary and 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 an act 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."

Mr. Justice Story, in his Commentaries on the Constitution, reviews the
same subject, and says:

The truth is that the legislative power is the great and overruling
power in every free government. * * * The representatives of the people
will watch with jealousy every encroachment of the executive magistrate,
for it trenches upon their own authority. But who shall watch the
encroachment of these representatives themselves? Will they be as
jealous of the exercise of power by themselves as by others? * * *

There are many reasons which may be assigned for the engrossing
influence of the legislative department. In the first place, its
constitutional powers are more extensive, and less capable of being
brought within precise limits than those of either the other
departments. The bounds of the executive authority are easily marked
out and defined. It reaches few objects, and those are known. It can
not transcend them without being brought in contact with the other
departments. Laws may check and restrain and bound its exercise. The
same remarks apply with still greater force to the judiciary. The
jurisdiction is, or may be, bounded to a few objects or persons; or,
however general and unlimited, its operations are necessarily confined
to the mere administration of private and public justice. It can not
punish without law. It can not create controversies to act upon. It can
decide only upon righ