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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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Iranian asset settlement: hearing before the Committee on Banking, Housing ...

United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs - Banks and banking - 1981 - 160 pages
...co-equal Branch. As Alexander Hamilton said in The Federalist Papers No. 78, "there is no liberty if the power of judging be not separated from the legislative and executive powers . " Precisely because it has neither the purse nor the sword, the Judicial Branch can effectively function...
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Constitutional Restraints Upon the Judiciary: Hearings Before the ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution - Constitutional law - 1982 - 591 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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Political economy and constitutional reform: hearings before the ..., Part 1

United States. Congress. Joint Economic Committee - Constitutional law - 1983
...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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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 - 414 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 - 1203 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 - 623 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 - Law - 1989 - 361 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 - History - 1990 - 464 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, Volume 481

United States. Supreme Court - Law reports, digests, etc - 1990
...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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