The Separation of Governmental Powers in History, in Theory, and in the Constitutions

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The Lawbook Exchange, Ltd., 1998 - 185 lappuses
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Bondy, William. Separation of Governmental Powers in History, in Theory, and in the Constitutions. New York: Columbia College, 1896. Reprinted 1999 by The Lawbook Exchange, Ltd. vi,[7]-185, [1] pp. LCCN 98-44994. ISBN 1-886363-65-X. Cloth. $65. * Examines theories relating to the powers of the court and the legislature and the separation and balance of the two. Originally published as v.5, no. 2 in Columbia's series, Studies in history, economics and public law.

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PART I
7
THE THEORY OF THE SEPARATION OF GOVERNMENTAL POWERS
12
THE DISTRIBUTING CLAUSES IN THE CONSTITUTION OF THE UNITED STATES AND IN THE COMMONWEALTH CONSTITUTIONS
17
THE BALANCE OF POWERS IN THEORY
35
THE BALANCE OF POWERS IN THE CONSTITUTIONS
39
THE SEPARATION AND BALANCE OF POWERS IN THE TERRITORIES OF THE UNITED STATES
47
THE POWER OF THE COURTS TO DECLARE STATUTES UNCONSTITUTIONAL
52
PART II
69
LEGISLATIVE INQUESTS AND THE POWER TO PUNISH FOR CONTEMPT
114
JUDICIAL REPUDIATION OF LEGISLATIVE POWERS
125
JUDICIAL LEGISLATION
128
PART IV
132
THE POWER OF APPOINTMENT AND REMOVAL
137
IMPLIED AND INCIDENTAL POWERS OF THE EXECUTIVE DEPARTMENT
144
PART V
151
THE POWER OF REMOVAL FOR CAUSE
160

PART III
86
LEGISLATIVE ASSUMPTION OF JUDICIAL POWERS
94
SPECIAL LAWS AUTHORIZING THE SALE OF LANDS
103
LEGISLATIVE DIVORCES
109
PART VI
162
ADMINISTRATIVE OFFICES AND OFFICERS
178
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Populāri fragmenti

59. lappuse - That the people have an original right to establish for their future government such principles as, in their opinion, shall most conduce to their own happiness, is the basis on which the whole American fabric has been erected.
59. lappuse - The question whether an act, repugnant to the Constitution, can become the law of the land, is a question deeply interesting to the United States ; but, happily, not of an intricacy proportioned to its interest. It seems only necessary to recognize certain principles, supposed to have been long and well established, to decide it.
60. lappuse - If the former part of the alternative be true, then a legislative act contrary to the constitution is not law ; if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power in its own nature illimitable.
35. lappuse - When the legislative and executive powers are united in the same person, or in the same body of magistrates, 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, there is no liberty if the power of judging be not separated from the legislative and executive powers.
61. lappuse - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature declared in its statutes, stands in opposition to that of the people declared in the constitution, the judges ought to be governed by the latter, rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
60. lappuse - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained...
65. lappuse - The authority of the Supreme Court must not, therefore, be permitted to control the Congress or the Executive when acting in their legislative capacities, but to have only such influence as the force of their reasoning may deserve.
173. lappuse - When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.
17. lappuse - All the powers of government, legislative, executive, and judiciary, result to the legislative body. The concentrating these in the same hands is precisely the definition of despotic government. It will be no alleviation that these powers will be exercised by a plurality of hands, and not by a single one. One hundred and seventy-three despots would surely be as oppressive as one.
60. lappuse - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.

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