Proceedings of the ... Annual Session of the Association, Volume 21

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Página 99 - Plate sin with gold, And the strong lance of justice hurtless breaks: Arm it in rags, a pigmy's straw does pierce it.
Página 160 - When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Página 176 - The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like.
Página 142 - Beneath whose awful hand we hold Dominion over palm and pine — Lord God of Hosts, be with us yet, Lest we forget — lest we forget! The tumult and the shouting dies; The captains and the kings depart: Still stands Thine ancient sacrifice, An humble and a contrite heart. Lord God of Hosts, be with us yet, Lest we forget — lest we forget!
Página 133 - all men are created equal" was of no practical use in effecting our separation from Great Britain; and it was placed in the Declaration not for that but for future use. Its authors meant it to be...
Página 179 - ... nicety in legislative bodies, whether the operation of a particular measure will, or will not, extend beyond the legislative sphere. On the other side, the executive power being restrained within a narrower compass, and being more simple in its nature, and the judiciary being described by landmarks still less uncertain projects of usurpation by either of these departments would immediately betray and defeat themselves. Nor is this all ; as the legislative department alone has access to the pockets...
Página 179 - In a representative republic, where the executive magistracy is carefully limited both in the extent and duration of its power, and where the legislative power is exercised by an assembly which, is inspired, by a supposed influence over the people, with an intrepid confidence in its own strength, which is sufficiently numerous to feel all the passions which actuate a multitude, yet not so numerous as to be incapable of pursuing the objects of its passions by means which reason prescribes, it is against...
Página 160 - Again, there is no liberty, if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression. There would be an end of everything, were the same man or the same body, whether of the nobles or of the people, to exercise those three powers, that...
Página 145 - For sciences are of a sociable disposition, and flourish best in the neighbourhood of each other ; nor is there any branch of learning but may be helped and improved by assistances drawn from other arts. If, therefore, the student in our laws hath formed both his sentiments and style by perusal and imitation of the purest classical writers, among whom the historians and orators will best deserve his regard ; if he can reason with precision, and separate argument from fallacy, by the clear, simple...
Página 179 - The Legislative department derives a superiority in our Governments from other circumstances. Its constitutional powers being at once more extensive, and less susceptible of precise limits, it can, with the greater facility, mask, under complicated and indirect measures, the encroachments which it makes on the coordinate departments.

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