Nor is there any danger that that power may...at last suddenly make itself absolute. The important privilege of granting to the Crown its necessary supplies...is vested in the nation. This right possessed by the People of England...gives them a great advantage over such as are formed into Republican States, and confers on them a means of influencing the conduct of the Government.

DE LOLME, J.L., The Constitution of England, Book II, Chapter XVIII, 1771

The legislature possessed the greatest power of all branches, and therefore seemed most likely to abuse its ability to favor partial interests over the public interest. "The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and common dependence on the society will admit.

DIZERGA, GUS, Persuasion, Power and Polity, A Theory of Democratic Self-Organization, Chapter Two, quoting MADISON, JAMES, The Federalist Papers, No. 51

The legislature’s division into two houses was not an attempt to weaken popular government. Instead the division was to effect a more adequate representation of different aspects of the common interest. The House of Representatives was intended to be more responsive to the short-run public interests of the nation, the Senate more to its long-run interests.

DIZERGA, GUS, Persuasion, Power and Polity, A Theory of Democratic Self-Organization, Chapter Two

The problem, then, is how to order the frame of government so that it shall be strong enough to protect us individually as well as collectively, but not left able to oppress us or any of us...One great step...was made in the establishment of our federal state governments by giving effect tot he theory of the tripartite nature of governmental powers, entrusting each of the three to a different person or group of persons...each restraining the other departments from exceeding their defined powers, so that the government, however democratic, shall not run wild.

EMERY, LUCILIUS A., Concerning Justice, Chapter V, Best Form of Government

[T]he division and distribution of governmental powers among different depositaries will not alone prevent encroachments by the governing power upon the liberty of the subject.

EMERY, LUCILIUS A., Concerning Justice, Chapter VI, Bill of Rights

A principle and guarantee of liberty...is the division of government into three distinct functions, or rather the keeping of these functions clearly apart.

LIEBER, FRANCIS, On Civil Liberty and Self-Government (1853), Chapter XIV

[J]udicial, legislative, and administrative...The union of these functions is absolutism...whether in one despot or in many, or in the multitude.

LIEBER, FRANCIS, On Civil Liberty and Self-Government (1853), Chapter XIV

[A]n elective authority which is not subject to judicial power will, sooner or later, either elude all control or be destroyed.

TOCQUEVILLE, ALEXIS DE, Democracy in America, Chapter V

[T]he power vested in the American courts of justice of pronouncing a statute to be unconstitutional, forms one of the most powerful barriers which has ever been devised against the tyranny of political assemblies.

TOCQUEVILLE, ALEXIS DE, Democracy in America, Chapter VI

It is of consequence to have as much virtue among the particular members of a community as possible; but it is folly to expect that a state should be upheld by integrity in all who have a share in managing it. They must be so balanced, that when everyone draws to his own interest or inclination there must be an even poise upon the whole.

WITHERSPOON, JOHN, Of Civil Society

 

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