Friday, April 25, 2025

Founders' Quotes, 22-23 April 2025

A pair of quotes on the question and issue of separation of powers from Thomas Jefferson and James Madison....

Jefferson: [T]o preserve the republican form and principles of our Constitution and cleave to the salutary distribution of powers which that [the Constitution] has established...are the two sheet anchors of our Union. If driven from either, we shall be in danger of foundering. - letter to Judge William Johnson, 1823

Madison: An ELECTIVE DESPOTISM was not the government we fought for; but one which should not only be founded on free principles, but in which the 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. - Federalist No. 48, 1788

One of the hallmarks of the Constitution is the separation of powers between the legislative, executive and judicial branches; each has specific powers, each cannot encroach upon the other branches and each in theory are supposed to be co-equal branches of government.

In reality, the theory went that Congress has the most power, then the Executive and finally the Judiciary...what ended up happening is that the Executive wields most of the power, then Congress and the Judiciary fight for whatever is left.

Not the system the Founders' and Framers' had in mind...

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