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There are men who could neither be distressed nor won into a sacrifice of their duty; but this stern virtue is the growth of few soils: And in the main it will be found, that a power over a man's support is a power over his will.
Sep 12, 2025
The separation of powers is about legislative powers. It isn't about discussion or words.
In the main it will be found that a power over a man's support [salary] is a power over his will.
And one of the frustrating parts, but it's an inherent part of our democracy, is we have separation of powers.
[I]n the next place, to show that unless these departments be so far connected and blended as to give to each a constitutional control over the others, the degree of separation which the maxim requires, as essential to a free government, can never in practice be duly maintained.
I believe in the separation of powers. If a judge crosses the line between interpreting and making the law, he has crossed the line supporting his legitimate authority from the legislative branch's authority. Now, to me that's a very serious matter if we believe, as America's founders, did that the separation of powers - not just in theory or in textbook but in practice in the actual functioning of government - is the linchpin of limited government and liberty.
Separation of powers is a problem for foreign policy.
Ambition must be made to counteract ambition.
...[O]ur Founding Fathers enshrined a constitutional separation of powers for the ages undeluded by the fantasy that angels would win elections.
If the federal government has the exclusive right to judge the extent of its own powers, warned the Kentucky and Virginia resolutions' authors (James Madison and Thomas Jefferson, respectively), it will continue to grow - regardless of elections, the separation of powers, and other much-touted limits on government power.
It was the separation of powers upon which the framers placed their hopes for the preservation of the people's liberties. Despite this heritage, the congress has been in too many cases more than willing to walk away from its constitutional powers.
But, I know enough people in that court, through the years, to know one thing: There's always somebody who surprises you, who rises above what they thought they appointed him for, and stays with the separation of powers, and with the right of the law to decide.
There is no reason to have problems between country and country, between government and government, when there is a separation of powers.
What is government itself but the greatest of all reflections on human nature?
I rise in support of the separation of powers as established by our Founding Fathers in the Constitution. The Constitution clearly delegates the power to deal with criminal matters, like the use of drugs, to the States.
I believe that the power to declare war is most important in limiting the powers of the national government in regard to the rights of its citizens, but that it does not require Congress to give its approval before the president uses force abroad. I do not believe that the framers of the Constitution understood the power to declare to mean "authorize" or "commence" war. That does not mean that the separation of powers or checks and balances will not work.
I think [John Adams's] influence on the federal Constitution was indirect. Many including James Madison mocked the first volume of Adams's Defence of the Constitutions of the United States in 1787. But his Massachusetts constitution was a model for those who thought about stable popular governments, with its separation of powers, its bicameral legislature, its independent judiciary, and its strong executive.
To what expedient then shall we finally resort, for maintaining in practice the necessary partition of power among the several departments, as laid down in the constitution? The only answer that can be given is, that as all these exterior provisions are found to be inadequate, the defect must be supplied, by so contriving the interior structure of the government, as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places.
I have a great deal of concern for any president and the amount of power they accumulate versus congress. I'm a stickler about the idea of separation of powers.
One might plausibly contend that Congress violates the spirit, if not the letter, of the constitutional doctrine of separation of powers when it exonerates itself from the impositions of the laws it obligates people outside the legislature to obey.
[T]he great security against a gradual concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachment of the others.
All the judges are lawyers; they interpret and enforce our laws. There is no separation of powers where the lawyers are concerned. There is only a concentration of all government power - in the lawyers.
Separation of power says the judiciary committee is supposed to confirm qualified judges and then what the Supreme Court does, that is their function, not my function.
Governments without separation of powers commit the worst crimes.
The American founders, when framing their governments, looked to the Bible for insights into human nature, civic virtue, social order, political authority and other concepts essential to the establishment of a political society. They saw in Scripture political and legal models - such as republicanism, separation of powers, and due process of law - that they believed enjoyed divine favor and were worthy of emulation in their polities.
The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositories, and constituting each the guardian of the public weal against invasions by the others, has been evinced by experiments ancient and modern, some of them in our country and under our own eyes.
Well-established Supreme Court precedents indicate that states - like the states of Washington and Minnesota - have no equal-protection rights of their own, nor can they vindicate equal-protection rights of their citizens. The same is true about being able to challenge alleged religious discrimination. This limitation on the states' authority to champion such claims is fundamental to our separation-of-powers architecture.
Why am I voting for Obama? Obama, of all the candidates, is the only one of the major candidates - even more than Hillary Clinton, when they were running against each other - to speak in favor of the defense of the Constitution and the separation of powers.
The same rule that teaches the propriety of a partition between the various branches of power, teaches us likewise that this partition ought to be so contrived as to render the one independent of the other.
Good constitutions are formed upon a comparison of the liberty of the individual with the strength of government: If the tone of either be too high, the other will be weakened too much. It is the happiest possible mode of conciliating these objects, to institute one branch peculiarly endowed with sensibility, another with knowledge and firmness. Through the opposition and mutual control of these bodies, the government will reach, in its regular operations, the perfect balance between liberty and power.
What's brilliant about the United States system of government is separation of power. Not only the executive, legislative, judicial branches, but also the independence of the military from civilians, an independent media and press, an independent central bank.
Under the doctrine of separation of powers, the manner in which the president personally exercises his assigned executive powers is not subject to questioning by another branch of government.
The founders understood that democracy would inevitably evolve into a system of legalized plunder unless the plundered were given numerous escape routes and constitutional protections such as the separation of powers, the Bill of Rights, election of senators by state legislators, the electoral college, no income taxation, most governmental functions performed at the state and local levels, and myriad other constitutional limitations on the powers of the central government.
I believe in the Constitution. I believe in separation of powers. I believe in the rule of law. I believe in limited government. And these are principles and policies that apparently neither the national Republican nor the national Democrat Party believes in. I believe great damage is being done to our Constitution, and I see no remedy at all, no likelihood of that changing, if we rely on the two parties to field our candidates for national office.
A question arises whether all the powers of government, legislative, executive, and judicial, shall be left in this body? I think a people cannot be long free, nor ever happy, whose government is in one Assembly.
[T]o preserve the republican form and principles of our Constitution and cleave to the salutary distribution of powers which that [the Constitution] has established . . . are the two sheet anchors of our Union. If driven from either, we shall be in danger of foundering.
To take a single step beyond the boundaries specially drawn around the powers of Congress is to take possession of a boundless field of power, no longer susceptible to definition.
I consider the foundation of the Constitution as laid on this ground that 'all powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people.' To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power not longer susceptible of any definition.
In framing a government which is to be administered by men over men you must first enable the government to control the governed; and in the next place oblige it to control itself.
The legitimate powers of government extend to such acts only as are injurious to others.
The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbor to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg.
Some people suggest that the problem is the separation of powers. If you had a parliamentary system, the struggle for power would not result in such complex peace treaties that empower so many different people to pursue so many contradictory aims
It is the lawyers who run our civilization for us -- our governments, our business, our private lives. Most legislators are lawyers; they make our laws. Most presidents, governors, commissioners, along with their advisers and brain-trusters are lawyers; they administer our laws. All the judges are lawyers; they interpret and enforce our laws. There is no separation of powers where the lawyers are concerned. There is only a concentration of all government power -- in the lawyers.
If men were angels, no government would be necessary.
The Constitution remains brilliant in its overall design and sound with respect to the Bill of Rights and the separation of powers. But there are numerous archaic provisions that inhibit constructive change and adaptation. These constitutional bits affect the daily life of the republic and every citizen in it.
The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, selfappointed, or elective, may justly be pronounced the very definition of tyranny.
The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart is sufficient to satisfy us of the truth of this position.
But constant experience shows us that every man invested with power is apt to abuse it, and to carry his authority as far as it will go.
No country can be called free which is governed by an absolute power; and it matters not whether it be an absolute royal power or an absolute legislative power, as the consequences will be the same to the people.
An elective despotism was not the government we fought for.