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Richardson, James D. (James Daniel), 1843-1914

"Volume 6, part 2: Andrew Johnson"

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.


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