powers of government should be so divided and balanced among several bodies of magistracy as that no one could transcend their legal limits without being effectually checked and restrained by the others.  For this reason that convention which passed the ordinance of government laid its foundation on this basis, that the legislative, executive, and judicial departments should be separate and distinct, so that no person should exercise the powers of more than one of them at the same time.  But no barrier was provided between these several powers.  The judiciary and executive members were left dependent on the legislative for their subsistence in office, and some of them for their continuance in it.  If, therefore, the legislature assumes executive and judiciary powers, no opposition is likely to be made, nor, if made, can be effectual, because in that case they may put their proceedings into the form of an act of assembly, which will render them obligatory on the other branches.  They have accordingly in many instances decided rights which should have been left to judiciary controversy; and the direction of the executive, during the whole time of their session, is becoming habitual and familiar.”

Mr. Justice Story, in his Commentaries on the Constitution, reviews the same subject, and says: 

The truth is that the legislative power is the great and overruling power in every free government. * * * The representatives of the people will watch with jealousy every encroachment of the executive magistrate, for it trenches upon their own authority.  But who shall watch the encroachment of these representatives themselves?  Will they be as jealous of the exercise of power by themselves as by others? * * *

There are many reasons which may be assigned for the engrossing influence of the legislative department.  In the first place, its constitutional powers are more extensive, and less capable of being brought within precise limits than those of either the other departments.  The bounds of the executive authority are easily marked out and defined.  It reaches few objects, and those are known.  It can not transcend them without being brought in contact with the other departments.  Laws may check and restrain and bound its exercise.  The same remarks apply with still greater force to the judiciary.  The jurisdiction is, or may be, bounded to a few objects or persons; or, however general and unlimited, its operations are necessarily confined to the mere administration of private and public justice.  It can not punish without law.  It can not create controversies to act upon.  It can decide only upon rights and cases as they are brought by others before it.  It can do nothing for itself.  It must do everything for others.  It must obey the laws, and if it corruptly administers them it is subjected to the power of impeachment.  On the other hand, the legislative power except in the few cases of constitutional prohibition, is