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
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