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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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Workways of Governance: Monitoring Our Government's Health

Roger H. Davidson - Political Science - 2004 - 196 pages
...Alexander Hamilton, quoting Montesquieu, observed in Federalist 78 that "there is no liberty, if the power of judging be not separated from the legislative and executive powers." 1 John Adams wrote that judges should not "be distracted with jarring interests; they should not be...
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Europe 1715-1919: From Enlightenment to World War

Shirley Elson Roessler, Reny Miklos - History - 2003 - 320 pages
...enact tyrannical laws, to execute them in a tyrannical manner. 249 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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The Federalist Papers

Alexander Hamilton, James Madison, John Jay - History - 2003 - 692 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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So it Was Written

Patriot Hall - History - 2004 - 346 pages
...generation that had organized it was extinguished, p. 188 20. 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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Undeclared War: Twilight Zone of Constitutional Power

Edward Keynes - Political Science - 2010 - 261 pages
...and political liberty. l"[T] here is no liberty,'" Hamilton approvingly quoted Montesquieu, "'if the power of judging be not separated from the legislative and executive powers.' "6s The Framers' creation of an independent judiciary represents a significant contribution to eighteenth-century...
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Indian Trust Reform Act: Hearing Before the Committee on Indian Affairs ...

United States. Congress. Senate. Committee on Indian Affairs (1993- ) - Federal-Indian trust relationship - 2005 - 356 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." (Bk XI, ch VI). This separation of the king's powers reinforced the strength of the sovereign power...
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American Political Rhetoric: A Reader

Peter Augustine Lawler, Robert Martin Schaefer - Political Science - 2005 - 444 pages
...as often to attend and participate in its deliberations, though not admitted to a legislative vote. 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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Confirmation Hearing on the Nomination of John G. Roberts, Jr. to be Chief ...

United States. Congress. Senate. Committee on the Judiciary - Biography & Autobiography - 2005 - 1692 pages
...philosopher Montesquieu, Alexander Hamilton wrote in the Federalist No. 78 that, "There is no liberty if the power of judging be not separated from the Legislative and Executive powers." Well, times have changed. Today some see the separation of powers not as a condition for liberty, but...
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The Rehnquist Legacy

Craig Bradley - Biography & Autobiography - 2006 - 424 pages
...the judiciary was an essential aspect of the proposed new government. "[T]here is no liberty, if the power of judging be not separated from the legislative and executive powers." He then delineated the role of the courts in the proposed system of government: The complete independence...
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The Myth of Judicial Activism: Making Sense of Supreme Court Decisions

Kermit Roosevelt - Political Science - 2006 - 284 pages
...established. In the 78th Federalist Paper, Alexander Hamilton wrote that "there is no liberty, if the power of judging be not separated from the legislative and executive powers." In Federalist 47, James Madison put the point more strongly still: the "accumulation of all powers,...
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