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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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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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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 - 116 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 - Political Science - 1992 - 314 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 - 548 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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Plato's Cretan City: A Historical Interpretation of the Laws

Glenn Raymond Morrow - Performing Arts - 1960 - 623 pages
...the lack of a separate and independent judiciary. "There is no liberty," says Montesquieu, "if the power of judging be not separated from the legislative and executive powers."" But when Plato looks for persons especially qualified to administer justice, he invariably turns to...
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Judicial Reform Act of 1997: Hearing Before the Subcommittee on Courts and ...

U. S. Staff, United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property - Courts - 1997 - 137 pages
...branches. In the Federalist Papers, No. 78, Hamilton wrote, "For I agree that there is no liberty, if the power of judging be not separated from the legislative and executive powers. . . .[L]iberty can have nothing to fear from the judiciary alone, but would have everything to fear...
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Courts and Congress

Robert A. Katzmann - Political Science - 2010 - 184 pages
...Founders sought to create a zone of judicial independence in resolving cases: "There is no liberty, if the power of judging be not separated from the legislative and executive powers."' That independence required that judges be insulated from public pressure, free to make unpopular decisions....
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Current Legal Issues Affecting Central Banks, Volume IV.

Robert C. Effros - Law - 1992 - 983 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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Judicial Misconduct and Discipline: Hearing Before the Subcommittee on ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property - Government publications - 1997 - 108 pages
...branches. In the Federalist Papers, No. 78, Hamilton wrote, "For I agree that there is no liberty, if the power of judging be not separated from the legislative and executive powers. . . . [Ljiberty can have nothing to fear from the judiciary alone, but would have everything to fear...
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The Essential Federalist: A New Reading of the Federalist Papers

James Madison - History - 1998 - 183 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. "t And it proves, in the last place, that as liberty can have nothing to fear from its judiciary alone,...
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