The Supreme Court of the United States Electronic Resource Its History And I

Cover The Supreme Court of the United States Electronic Resource Its History And I
The Supreme Court of the United States Electronic Resource Its History And I
Westel Woodbury Willoughby
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We turn now to a consideration of the relation of the high- est interpreter of our laws to that branch of our government to which is charged the duty of executing those laws.
The fundamental proposition usually maintained regarding our national government is, that each of its three branches is, in its action, separate from and independent of the other two. The extent to which this is actually and practically the case will, it is hoped, appear in the following discussion.
Complete independence o
...f the three branches of a govern- ment nowhere exists, and necessarily cannot. No government can exist with complete independence of the executive, judi- cial, and legislative functions. They may be separate, so far as being vested in different hands is concerned, but in their operations they must depend for the efficiency of tlieir actions upon the cooperation and aid of each other. What would be the result (especially in a government like ours, with limita- tions of power, and the different branches of government frequently in the hands of persons diflFering in political prin- ciples) if laws were made with no guarantee or certainty that they would be executed ; or if courts rendered decisions with no assured prospect that they would be applied if they were displeasing to the executive ; and finally, if Congress should continue to legislate without any reference to the interpreta- tion which the constitution had received at the hands of the judiciary ?

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