e a general scene of anarchy, and the world
a desert. Where is the standard of perfection to be found? Who will
undertake to unite the discordant opinions of a whole community, in the
same judgment of it; and to prevail upon one conceited projector to
renounce his INFALLIBLE criterion for the FALLIBLE criterion of his
more CONCEITED NEIGHBOR? To answer the purpose of the adversaries of the
Constitution, they ought to prove, not merely that particular provisions
in it are not the best which might have been imagined, but that the plan
upon the whole is bad and pernicious.
PUBLIUS
FEDERALIST No. 66
Objections to the Power of the Senate To Set as a Court for Impeachments
Further Considered.
From The Independent Journal. Saturday, March 8, 1788.
HAMILTON
To the People of the State of New York:
A REVIEW of the principal objections that have appeared against the
proposed court for the trial of impeachments, will not improbably
eradicate the remains of any unfavorable impressions which may still
exist in regard to this matter.
The FIRST of these objections is, that the provision in question
confounds legislative and judiciary authorities in the same body, in
violation of that important and well-established maxim which requires a
separation between the different departments of power. The true meaning
of this maxim has been discussed and ascertained in another place, and
has been shown to be entirely compatible with a partial intermixture of
those departments for special purposes, preserving them, in the main,
distinct and unconnected. This partial intermixture is even, in some
cases, not only proper but necessary to the mutual defense of the
several members of the government against each other. An absolute or
qualified negative in the executive upon the acts of the legislative
body, is admitted, by the ablest adepts in political science, to be an
indispensable barrier against the encroachments of the latter upon the
former. And it may, perhaps, with no less reason be contended, that the
powers relating to impeachments are, as before intimated, an essential
check in the hands of that body upon the encroachments of the executive.
The division of them between the two branches of the legislature,
assigning to one the right of accusing, to the other the right of
judging, avoids the inconvenience of making the same persons both
accusers and judges; and guards against the danger of persecution, from
the prevale
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