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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.


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