Governmental authority

“ What I now hold to be true for all time—and you will all agree with me some day—is that that branch of the Government that under our constitutional system is designated as the one having the authority is the only branch of the Government that can benefit capital, conserve or advance the rights of the people, or do justice in any way whatever. ”

“ On the Government we can put our hand as a certain organization of ruling functions, the machinery of law-making and law-enforcing. The Administration is a recognizable group of political functionaries, temporarily in charge of the government. But the State stands as an idea behind them all, eternal, sanctified, and from it Government and Administration conceive themselves to have the breath of life. Even the nation, especially in times of war—or at least, its significant classes—considers that it derives its authority, and its purpose from the idea of the State. ”

“ We all admit that the power and authority of the federal government, within its constitutional sphere, are superior to those of the States, in some instances, and co-ordinate in others, and that every citizen is under an absolute obligation to render them respect and obedience ”

“ If we—the people in this Territory, or in other Territories or in the States, confer certain powers on the General Government, we no longer retain them, they are ceded away by us to others. If we give to our legislators certain authority, they hold that authority, and it is for us to submit to the laws which may be enacted by them. ”

“ Thus, instead of a council with restricted powers and divided authority, we have a few men assuming positions of genuine responsibility, as regards both the originating and enforcing of laws. My colleagues will show that such a concentration of powers in one small body is necessary and desirable, both from the legislative and administrative point of view. ”

“ The second class of limitations upon official power provided in our constitution prescribe and maintain the distribution of power to the different departments of government and the limitations upon the officers invested with authority in each department. This distribution follows the natural and logical lines of the distinction between the different kinds of power—legislative, executive, and judicial. ”

“ But if any State neglects or refuses to perform its offices there is the more need that the General Government should maintain all its authority and as soon as practicable resume the exercise of all its functions. ”

“ That it is the duty of the Federal government, in all its departments, to protect, when necessary, the rights of persons and property in the territories, and wherever else its constitutional authority extends. ”

“ The authority which is most conversant with principles should be supreme over principles, while that which is most competent in details should have the details left to it. The principal business of the central authority should be to give instruction, of the local authority to apply it. Power may be localized, but knowledge, to be most useful, must be centralized ”

“ Third, the advocates of a strong central government came to an agreement with the advocates of a weak one by allowing the dividing line between the authority of the central government and of the several states to be somewhat vaguely defined, and by leaving such definition to the course of future events. ”

“ No one will deny that in the powers granted to it the general government is supreme, and that, upon all subjects within their scope, it can make its authority respected and obeyed throughout the limits of the Republic ”

“ We are all agents of the same supreme power, the people. The general government and the State governments derive their authority from the same source. Neither can, in relation to the other, be called primary, though one is definite and restricted, and the other general and residuary. ”

“ In our complex system of polity, the public will, as a source of authority, may be the will of the people as composing one nation; or the will of the States in their distinct and independent capacities; or the federal will, as viewed, for example, through the Presidential electors, representing, in a certain proportion, both the nation and the States. ”

“ They were the fundamental principles for which civil society is organized into government in all countries, and must be respected in their administration under whatever temporary dominant authority they may be exercised. ”

“ The very idea of a government composed of executive, legislative, and judicial departments necessarily comprehends the power to do all things, through its appropriate officers and agents, within the scope of its general governmental purposes and powers, requisite to preserve its existence, protect it and its ministers, and give it complete efficiency in all its parts. ”

“ Let a single man be invested with executive and judicial authority." Master and owner of the state, he will, for his own sake, protect it against foreign foes, and provide for an impartial administration of justice; that his subjects, secured and enriched, may multiply and thus increase his wealth and power. ”

“ The essence of the legislative authority is to enact laws, or, in other words, to prescribe rules for the regulation of the society; while the execution of the laws, and the employment of the common strength, either for this purpose or for the common defense, seem to comprise all the functions of the executive magistrate. ”

“ The principle of all sovereignty rests in the people. 142No body or individual can possess any authority which does not expressly emanate from the nation.
“The sole end of all government is the public good. That good demands that the legislative, executive, and judicial powers should be distinct and defined, and that their organization should secure the free representation of the citizens, the responsibility of their deputies, and the impartiality of the judges. ”

“ Let our government by laws be the chief object of our worldly concern: and as we value that, let our value and estimation rise for the supreme head, and every branch of the executive power, under which we live so happy and easy at home, whilst they all join in making the laws the measure of their whole administration. ”

“ Finally, acting always within the authority and limitations of the Constitution, invading neither the rights of the States nor the reserved rights of the people, it will be the purpose of my Administration to maintain the authority of the nation in all places within its jurisdiction; to enforce obedience to all the laws of the Union in the interests of the people ”

“ Is it the creature of the State legislatures, or the creature of the people? If the government of the United States be the agent of the State governments, then they may control it, provided they can agree in the manner of controlling it; if it be the agent of the people, then the people alone can control it, restrain it, modify, or reform it. ”

“ That the central government was created chiefly for matters of a general character, which concerned all the States and their people, and not for matters of interior regulation, is shown as much by the history of its formation as by the express language of the Constitution. ”

“ Having constituted the government, and declared its powers, the people have further said, that, since somebody must decide on the extent of these powers, the government shall itself decide; subject, always, like other popular governments, to its responsibility to the people. And now, Sir, I repeat, how is it that a State legislature acquires any power to interfere? ”

“ The authority of a federal officer to act derives from federal sources, and the rule which recognizes a privilege under appropriate circumstances as to statements made in the course of duty is one designed to promote the effective functioning of the Federal Government. ”

“ The Federal and state governments are parts of one system, alike necessary for the common prosperity, peace and security, and ought to be regarded alike with a cordial, habitual and immovable attachment. ”

“ The people of the United States, and not the people of the States, made the Federal government; and therefore the Federal government has a right to exercise the powers reserved by the people to the State governments. ”

“ This is the determination, by living authority, of the national conduct to be observed under existing circumstances; and the modification or enlargement, abrogation or enforcement, of the code of national law according to present needs or purposes. This government is necessarily always by Council, for though the authority of it may be vested in one person, that person cannot form any opinion on a matter of public interest but by (voluntarily or involuntarily) submitting himself to the influence of others.
This government is always twofold—visible and invisible. ”

“ From all the public servants responsibility is secured, by their being representatives, mediate or immediate, for short terms, and their powers defined. It is, on the whole complexion of it, a government of laws, not of men. ”

“ It appears to us, that a sovereign government promotes its power as well as the interests of its subjects, by confining the direct exercise of its legislative and administrative functions to matters of general and permanent concern ”

“ That it may obtain for itself the largest sum of obedience, the government will respect the laws which it imposes on the governed; and, for the same reason, it will take good care that its legislative and administrative measures shall tend really and apparently to promote the general good. ”

“ But further.—This central government itself, like the nation which it serves, is a compound body; a unit composed of parts, each of which in its own sphere is independent, yet beyond that sphere is limited by the functions of the other parts. This government is a triple compound, and consists of the legislative, the judicial, and the executive departments.
The legislative, or Congress, declares the will of the nation. ”

“ National politics have from the start aimed primarily at efficiency—that is, at the successful use of the force resident in the state to accomplish the purposes desired by the Sovereign authority. ”

“ But, thank God, we have no such disputes; we have no monarchs to contend with, or demand admissions from. The proposed government is to be the government of the people: all its officers are to be their officers, and to exercise no rights but such as the people commit to them. ”

“ but it has not yet, by any of us, been pushed into all the ramifications of the system, so far as to leave no authority existing not responsible to the people; ”

“ But the question involved, relating, as it does, to the right of the legislatures of the nation, and of the state, to exclude from offices and places of high public trust, the administration of whose functions are essential to the very existence of the government, those among its own citizens who have been engaged in a recent effort to destroy that government by force, can never cease to be one of profound interest. ”

“ To a philosophical observer of the Republic, at the end of the hundred years, I should say that the important facts are not its industrial energy, its wealth, or its population, but the stability of the federal power, and the integrity of the individual States. ”

“ The members which compose the superintending Government are to be considered merely as parts of a great whole, and only suffered to retain the powers necessary to the administration of their State Systems. ”

“ By reason, also, of its popular origin, and the frequency with which the short term of office of its members requires the renewal of their authority at the hands of the people,-the great source of all power in this country,-encroachments by that body on the domain of co-ordinate branches of the government would be receive with less distrust than a similar exercise of unwarranted power by any other department of the government. ”

“ No candid man can dispute that I have given a correct description of the constitution-making power: that power which created and organized the Government, which delegated to it, as a common agent, certain powers, in trust for the common good of all the States, and which imposed strict limitations and checks against abuses and usurpations. ”

“ Each administration has its own duties—the lowest coming into contact with individuals, the higher supervising the subordinate boards. Government is absolute, notwithstanding the adoption of the watchword “Liberté.” ”

“ In that part of our policy called the state constitutions, principles, the reverse of these, prevail. Executive power is made dependent on legislative in some way, and vast care is taken to keep legislative and judicial power beyond the influence of executive. ”

“ The power of the legislative, being derived from the people by a positive voluntary grant and institution, can be no other than what that positive grant conveyed, which being only to make laws, and not to make legislators, the legislative can have no power to transfer their authority of making laws, and place it in other hands. ”

“ Our Federal Government was set up as one of limited powers, but it was also given broad power to do all that was 'necessary and proper' to carry out its basic purpose of governing the Nation, so long as those powers were not exercised contrary to the limitations set forth in the Constitution. ”