Legislative authority

“ The Government is still divided into legislative, executive and judicial departments, the duties of which are discharged by representatives selected by the people. Under this amendment, it is true, the people may exercise a legislative power, and may effect veto or defeat bills passed and approved by the Legislature and governor but the legislative and executive departments are not destroyed, nor are their powers or authority materially curtailed. ”

“ 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. ”

“ The advocates of a national government, besides and beyond the intrusting of a particular jurisdiction to that government, wished to make it certain that its legislative power, in each act of legislation, should rest on the direct authority of the people. ”

“ They are always educed by the laws and customs of the community. Under our system, their existence and disposal are under the control of the legislative department of the government, and they cannot be assumed or exercised without legislative authority. ”

“ The old system vests the law-making power in a legislative body composed of men elected by the people and supposed to be peculiarly fitted by reason of character, education, and training for the performance of that duty. These men come together and give their entire time through a period of some weeks or months to the consideration of proposed legislation, and the laws they enact go into immediate effect, and remain in force until set aside by the courts as unconstitutional or until repealed by the same authority that enacted them. ”

“ The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. ”

“ The interpretation of laws by authority belongs only to the legislative power. Article 29. The executive power, as regulated by the Constitution, belongs to the King. Article 30. The judicial power is exercised by the courts and tribunals. Decrees and judgments are executed in the name of the King. Article 31. Interests exclusively communal or provincial, are regulated by the communal or provincial councils, according to the principles established by the Constitution. Chapter First.—Of The Chambers. ”

“ 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. ”

“ Surely it will not be pretended, that any constitution, adapted to the American people, could ever contemplate the executive and legislative departments of the government, as the ultimate depositaries of the power to interpret the constitution ”

“ By it the people have created a government, defined its powers, prescribed their limits, distributed them among the different departments, and directed, in general, the manner of their exercise. No department of the government has any other powers than those thus delegated to it by the people. All the legislative power granted by the Constitution belongs to Congress ”

“ The legislative power being that, which is predominant in all governments, ought to be, above all, of this character; because there can be no security for the general government, or the state governments, without an adequate representation, and an adequate check of each in the functions of legislation. ”

“ Respecting the fitting constitution of a federal government within itself, much need not be said. It of course consists of a legislative branch and an executive, and the constitution of each is amenable to the same principles as that of representative governments generally. ”

“ The legislative power of a State, except so far as restrained by its own constitution, is at all times absolute with respect to all offices within its reach. It may at pleasure create or abolish them, or modify their duties. ”

“ 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. ”

“ It has been very properly said, on all sides, that this Act, declaring the rights of the citizens, and forming their government, divided it into three great branches, the legislative, executive, and judiciary, assigning to each its proper powers, and directing that each shall be kept separate and distinct, must be considered as a rule obligatory upon every department, not to be departed from on any occasion. ”

“ This legislation is the result of an exercise by Congress of the legislative power vested in it by the Constitution, and of an exercise by the President of his constitutional power in approving a bill and thereby making it "a law." To sustain it is to respect the actions of the two branches of our Government directly responsive to the will of the people and empowered under the Constitution to determine the wisdom of legislation. ”

“ The legislative power of Congress is not an assignable commodity. The federal government is not an original, but derivative government of delegated and limited, not original, powers. Its powers, both legislative and judicial, are vested in itself, to be exercised by itself,-not to be transferred to others,-delegatus non est delegare. ”

“ The Constitution has not only made a general delegation of the legislative power to one branch of the Government, of the executive to another, and of the judicial to the third, but it has specifically defined the general powers and duties of each of those departments. ”

“ The Federal Constitution created a government of specified powers, reserving to the States all authority not expressly given to the central government. Congress can legislate only on subjects permitted by the Constitution; on the other hand, a state legislature can legislate on any subject not expressly forbidden. ”

“ The legislative lion will not be entangled in the meshes of a logical net. The legislature will always make the power which it wishes to exercise, unless it be so organized as to contain within itself the sufficient check. ”

“ If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put up on them is conclusive upon the other departments, it may be answered, but this cannot be the natural presumption, where it is not to be collected from any particular provisions in the constitution. ”

“ No previous authorization is necessary for the undertaking of proceedings against public officials, on account of acts in their administration, except that which is enacted concerning ministers. Title III. Of Powers. Article 25. All powers are derived from the nation. They are exercised in the manner prescribed by the Constitution. {3728} Article 26. Legislative power is exercised collectively by the King, the Chamber of Representatives and the Senate. ”

“ It may, therefore, be observed, that the investiture of such power, so far from being an objection, is a most cogent reason for accepting the Constitution. The power of Congress, both in the legislative and executive line, is the power of the people, collected through a certain medium, to a focal point, at all times ready to be exerted for the general benefit, according as circumstances or exigencies may require. ”

“ It is enough for us to declare its existence. The legislative department of a state represents its polity and its will, and is called upon by the highest demands of natural and political law to preserve justice and judgment, and to hold inviolate the public obligations. ”

“ We are of opinion that they do. By the Revised Statutes of the United States, the legislative power in each territory is vested in the governor and a legislative assembly, the latter to consist of a council and house of representatives. ”

“ However difficult it may be to mark, in every case, with clearness and certainty, the line which divides legislative power from the other departments of power, all will agree that the powers referred to these departments may be so general and undefined, as to be of a legislative, not of an executive or judicial nature, and may for that reason be unconstitutional. ”

“ If the executive government were not admitted, through any of its members, to explain and vindicate its measures, to advocate new grants of authority, or to defend the prerogatives of the crown, the popular branch of the legislature would either become the predominant power in the state, or sink into insignificance. ”

“ The only serious questions are whether or not this so great and real control exerted by Congress can be exercised efficiently and with sufficient responsibility to those whom Congress represents, and whether good government is promoted by the arrangement.
No one, I take it for granted, is disposed to disallow the principle that the representatives of the people are the proper ultimate authority in all matters of government, and that administration is merely the clerical part of government. Legislation is the originating force. ”

“ That generation of the American people knew but little—they cared less—about the origin of a method of governing the legislative body, which implies an open or a secret venality on the part of its members, and a willingness on the part of the administration to purchase their consent to its measures. ”

“ Yeomans, 301 U.S. 441, 454, 57 S.Ct. 842, 848, 81 L.Ed. 1210.
10. 'States are thus enabled to deal with local exigencies and to exert in the absence of conflict with federal legislation an essential protective power. And when Congress does exercise its paramount authority, it is obvious that Congress may determine how far its regulation shall go. There is no constitutional rule which compels Congress to occupy the whole field. Congress may circumscribe its regulation and occupy only a limited field. ”

“ When the first drafts of the Constitution were made, instead of saying "in the presence of the Senate and the House of Representatives," they called it "the Legislature." What is a Legislature? A law-making body organized, not a mob, but an organized body to make laws; and so the law-making power of this Union, consisting of these two houses, is brought together. But it seems to me a most unreasonable proposition to withhold from the law-making power of this government the authority to regulate this subject and yet be willing to intrust it to a single hand. ”