Judicial Control - Part 1
From the FEDERALIST PAPERS
FEDERALIST No. 47
The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts
From the New York Packet.
Friday, February 1, 1788.
MADISON
To the People of the State of New York:
[Excerpt]
"When the legislative and executive powers are united in the same person or body," says he, "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. " Again: "Were the power of judging joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control, for THE JUDGE would then be THE LEGISLATOR. Were it joined to the executive power, THE JUDGE might behave with all the violence of AN OPPRESSOR. "
He was actually quoting Montesquieu because he believed in Montesquieu's message.
FEDERALIST No. 47
The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts
From the New York Packet.
Friday, February 1, 1788.
MADISON
To the People of the State of New York:
[Excerpt]
"When the legislative and executive powers are united in the same person or body," says he, "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. " Again: "Were the power of judging joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control, for THE JUDGE would then be THE LEGISLATOR. Were it joined to the executive power, THE JUDGE might behave with all the violence of AN OPPRESSOR. "
He was actually quoting Montesquieu because he believed in Montesquieu's message.
posted by HeavyHanded at
8:29 PM
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