FREE BOOKS

Author's List




PREV.   NEXT  
|<   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61  
62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   >>  
hief magistrate of the state, criticized that constitution as not making such separation effectual. In his "Notes on Virginia" he wrote of it: "All the powers of government, legislative, executive and judiciary, result to the legislative body. The concentrating these in the same hands is precisely the definition of despotic government. It will be no alleviation that these powers will be exercised by a plurality of hands and not by a single one. One hundred and seventy-three despots would surely be as oppressive as one. Let those who doubt it turn their eyes on the republic of Venice. As little will it avail us that they are chosen by ourselves. An elective despotism was not the government we fought for, but one which should not only be founded on free principles, but in which the powers of government should be so divided and balanced among several bodies of magistracy as that no one could transcend their legal limits without being effectually checked and restrained by the others. For this reason the convention which passed the ordinance of government laid its foundation on this basis, that the legislative, executive and judiciary departments should be separate and distinct, so that no person should exercise more than one of them at the same time. But no barrier was provided between these several powers." It was this defect, this lack of barriers, that Jefferson lamented. When the draft of the Federal Constitution of 1787 was submitted to the states, one of the principal objections urged against it was that in its structure sufficient regard was not paid to keeping the three departments of government separate and distinct. In reference to this objection Madison wrote in the "Federalist": "No political truth is certainly of greater intrinsic value or is stamped with the authority of more enlightened patrons of liberty than that on which this objection is founded. The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. Were the Federal Constitution therefore really chargeable with this accumulation of powers, or with a mixture of powers having a dangerous tendency to such an accumulation, no further argument would be necessary to inspire a universal reprobation of the system." He elsewhere declared the maxim to be a "fundamental article of liberty."
PREV.   NEXT  
|<   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61  
62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   >>  



Top keywords:
powers
 

government

 

legislative

 
judiciary
 
accumulation
 
executive
 

Federal

 

Constitution

 

objection

 

founded


elective
 
liberty
 

definition

 

departments

 

separate

 

distinct

 

Madison

 

submitted

 

reference

 

lamented


Federalist
 

barrier

 

provided

 
defect
 

structure

 
barriers
 
Jefferson
 

sufficient

 

regard

 

states


keeping

 

principal

 
objections
 
hereditary
 

tendency

 
argument
 

dangerous

 

chargeable

 

mixture

 

inspire


declared

 

fundamental

 
article
 

universal

 
reprobation
 
system
 

stamped

 

authority

 
enlightened
 

patrons