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" There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates," or, " if the power of judging be not separated from the legislative and executive powers... "
War Powers Under the Constitution of the United States: Military Arrests ... - Page 569
by William Whiting - 1871 - 695 pages
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Statutory Limitations on Federal Jurisdiction: Hearings Before the ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice - District courts - 1983 - 442 pages
..."truly distinct from the Legislature and the Executive. For I agree that 'there is no liberty, if the power of judging be not separated from the legislative and executive powers. '" Id., quoting Montesquieu's Spirit of Laws. Thus, he concluded: The complete independence ot the...
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Special Report of the Committee on the Judiciary, House Representatives ...

Deportation - 1984 - 1220 pages
...legislative and executive powers are united in the same person, or body of magistrates," or "if the power of judging be not separated from the legislative and executive powers," he did not mean that these departments ought to have no partial agency in, or no control// over the...
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Dreiser: Sister Carrie; Jennie Gerhardt; Twelve Men

Theodore Dreiser - Fiction - 1987 - 1168 pages
...enact tyrannical laws, to execute them in a tyrannical manner." "Again, there is no liberty, if the power of judging be not separated from the legislative and executive powers. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary...
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Impeachment Inquiry: Hearings Before the Subcommittee on Criminal Justice of ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice - Judges - 1988 - 484 pages
...the Laws, Alexander Hamilton declared in The Fedr eralist No. 78 that " 'there is no liberty, if the power of judging be not separated from the legislative and executive powers.' " * These same views were echoed by James Madison at the Constitutional Convention: Judges should not...
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To Chain the Dog of War: The War Power of Congress in History and Law

Francis Dunham Wormuth, Edwin Brown Firmage - History - 1989 - 380 pages
...should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no liberty, if the power of judging be not separated from the legislative and executive powers. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary...
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Roots of the Republic: American Founding Documents Interpreted

Stephen L. Schechter - Business & Economics - 1990 - 478 pages
...truly distinct from both the legislative and executive. For I agree that "there is no liberty, if the power of judging be not separated from the legislative and executive powers."** And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 481

United States. Supreme Court - Courts - 1990 - 1088 pages
...fundamental a threat to liberty than is deprivation of a jury trial, since "there is no liberty if the power of judging be not separated from the legislative and executive powers." 1 Montesquieu, Spirit of the Laws 181, as quoted in The Federalist No. 78, p. 523 (J. Cooke ed. 1961)....
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Impeachment of Article III Judges: Hearing Before the Subcommittee on the ...

United States. Congress. Senate. Committee on the Judiciary Subcommittee on the Constitution - Impeachments - 1991 - 150 pages
...argued at length in The Federalist, Nos. 64 and 78. As Hamilton noted, "there is no liberty if the power of judging be not separated from the legislative and executive powers." Because some of the amendments we consider today may be construed as lessening the existing separation...
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The Effective Republic: Administration and Constitution in the Thought of ...

Harvey Flaumenhaft - Biography & Autobiography - 1992 - 340 pages
...both the legislative and the executive. He agrees with Montesquieu that "there is no liberty, if the power of judging be not separated from the legislative and executive powers." By emphasizing his agreement with this maxim of the celebrated Montesquieu, Hamilton makes clear what...
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Handbook of Court Administration and Management

Hays - Law - 1992 - 552 pages
...distinct from both the legislature and the executive. For I agree that "there is no liberty if the power of judging be not separated from the legislative and executive powers. "t And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone,...
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