FREE BOOKS

Author's List




PREV.   NEXT  
|<   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168  
169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   >>   >|  
no interest in being wrong. Though all the constitutions of America are on one general principle, yet no two of them are exactly alike in their component parts, or in the distribution of the powers which they give to the actual governments. Some are more, and others less complex. In forming a constitution, it is first necessary to consider what are the ends for which government is necessary? Secondly, what are the best means, and the least expensive, for accomplishing those ends? Government is nothing more than a national association; and the object of this association is the good of all, as well individually as collectively. Every man wishes to pursue his occupation, and to enjoy the fruits of his labours and the produce of his property in peace and safety, and with the least possible expense. When these things are accomplished, all the objects for which government ought to be established are answered. It has been customary to consider government under three distinct general heads. The legislative, the executive, and the judicial. But if we permit our judgment to act unincumbered by the habit of multiplied terms, we can perceive no more than two divisions of power, of which civil government is composed, namely, that of legislating or enacting laws, and that of executing or administering them. Everything, therefore, appertaining to civil government, classes itself under one or other of these two divisions. So far as regards the execution of the laws, that which is called the judicial power, is strictly and properly the executive power of every country. It is that power to which every individual has appeal, and which causes the laws to be executed; neither have we any other clear idea with respect to the official execution of the laws. In England, and also in America and France, this power begins with the magistrate, and proceeds up through all the courts of judicature. I leave to courtiers to explain what is meant by calling monarchy the executive power. It is merely a name in which acts of government are done; and any other, or none at all, would answer the same purpose. Laws have neither more nor less authority on this account. It must be from the justness of their principles, and the interest which a nation feels therein, that they derive support; if they require any other than this, it is a sign that something in the system of government is imperfect. Laws difficult to be executed cannot be generally
PREV.   NEXT  
|<   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168  
169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   >>   >|  



Top keywords:

government

 

executive

 

executed

 

execution

 

judicial

 

divisions

 
association
 

America

 
general
 
interest

country

 
strictly
 
properly
 

appeal

 
nation
 

derive

 
support
 

require

 
individual
 

difficult


imperfect

 
Everything
 

administering

 

generally

 

executing

 

appertaining

 

principles

 

system

 

classes

 

called


justness

 

enacting

 

account

 
calling
 
monarchy
 

purpose

 

answer

 

authority

 

explain

 

courtiers


France

 

begins

 
England
 

respect

 
official
 
magistrate
 

proceeds

 
judicature
 
courts
 

distinct