powers are vested by the Constitution. Mr. Madison,
in referring to the difficulty of providing some practical
security for each against the invasion of the others,
remarks that “the legislative department is everywhere
extending the sphere of its activity and drawing all
power into its impetuous vortex.” “The
founders of our Republic * * * seem never to have
recollected the danger from legislative usurpations,
which by assembling all power in the same hands must
lead to the same tyranny as is threatened by Executive
usurpations.” “In a representative
republic, where the executive magistracy is carefully
limited both in the extent and the duration of its
power, and where the legislative power is exercised
by an assembly which is inspired, by a supposed influence
over the people, with an intrepid confidence in its
own strength, which is sufficiently numerous to feel
all the passions which actuate a multitude, yet not
so numerous as to be incapable of pursuing the objects
of its passions by means which reason prescribes, it
is against the enterprising ambition of this department
that the people ought to indulge all their jealousy
and exhaust all their precautions.” “The
legislative department derives a superiority in our
governments from other circumstances. Its constitutional
powers being at once more extensive and less susceptible
of precise limits, it can with the greater facility
mask, under complicated and indirect measures, the
encroachments which it makes on the coordinate departments.”
“On the other side, the Executive power being
restrained within a narrower compass and being more
simple in its nature, and the judiciary being described
by landmarks still less uncertain, projects of usurpation
by either of these departments would immediately betray
and defeat themselves. Nor is this all.
As the legislative department alone has access to
the pockets of the people and has in some constitutions
full discretion and in all a prevailing influence
over the pecuniary rewards of those who fill the other
departments, a dependence is thus created in the latter
which gives still greater facility to encroachments
of the former.” “We have seen that
the tendency of republican governments is to an aggrandizement
of the legislative at the expense of the other departments.”
Mr. Jefferson, in referring to the early constitution
of Virginia, objected that by its provisions all the
powers of government—legislative, executive,
and judicial—resulted to the legislative
body, holding that “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.”
“As little will it avail us that they are chosen
by ourselves. An elective despotism was not the
government we fought for, but one which should not
only be founded on free principles, but in which the