Speeches of J B Foraker 1869 1917 volume 3

Cover Speeches of J B Foraker 1869 1917 volume 3
Speeches of J B Foraker 1869 1917 volume 3
Joseph Benson Foraker
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Ferreira, 13 How. , 44, 45 (supra). So in Kilbourn vs. Thompson, 103 U. S. , 190, it was said by Mr. Justice Miller, Chief Justice Waite concurring: "It is believed to be one of the chief merits of the American system of written constitutional law that all the powers intrusted to govern- ment, whether State or national, are divided into three grand departments, the executive, the legislative, and the judicial. That the functions appropriate to each of these branches of government shall be veste...d in a separate body of public servants, and that the perfection of the system re- quires that the lines which separate and divide these depart- ments shall be broadly and clearly defined. It is also essen- tial to the successful working of this system that the persons intrusted with power in any of these branches shall not be permitted to encroach upon the powers confided to the others, but that each shall by the law of its creation be lim- ited to the exercise of the powers appropriate to its own department and no other.

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