Legislative branch

“ 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. ”

“ Neither branch of the legislative department, still less any merely administrative body, established by congress, possesses, or can be invested with, a general power of making inquiry into the private affairs of the citizen. ”

“ To have submitted it to the Legislative discretion of the States, would have been improper for the same reason; and for the additional reason that it would have rendered too dependent on the State Governments, that branch of the Fœderal Government which ought to be dependent on the People alone. ”

“ At first Congress was to appoint the governor, secretary, judges and militia generals, and the governor and judges were, until the organization of a legislature, to make laws subject to the veto of Congress. When the population reached 5000 free male adult inhabitants the Territory was to have an assembly of its own, to consist of the governor, a legislative council of five, selected by Congress from ten nominations by the lower house, and a lower House of Representatives of one delegate for every 500 free male inhabitants. ”

“ Little aid can be derived from the vague and illusory but often repeated formula that Congress 'by occupying the field' has excluded from it all state legislation. Every Act of Congress occupies some field, but we must know the boundaries of that field before we can say that it has precluded a state from the exercise of any power reserved to it by the Constitution. To discover the boundaries we look to the federal statute itself, read in the light of its constitutional setting and its legislative history. ”

“ 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. ”

“ It is not open to reasonable doubt that Congress had power to invest, and did invest, the District government with legislative authority, or that the act of the legislative assembly of June 26, 1873, was within that authority. ”

“ 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 ”

“ In creating such an administrative agency, the Legislature, to prevent its being a pure delegation of legislative power, must enjoin upon it a certain course of procedure and certain rules of decision in the performance of its function. ”

“ The most prevalent idea in the principal States seems to be a total alteration of the present federal system, and substituting a great national council or parliament, consisting of two branches of the legislature, founded upon the principles of equal proportionate representation, with full legislative powers upon all the subjects of the Union; and an executive: and to make the several State legislatures subordinate to the national, by giving the latter the power of a negative upon all such laws as they shall judge contrary to the interest of the federal Union ... ”

“ It would be very strange, indeed, that the Constitution should have strictly forbidden one branch of the Legislature from interfering in the origination of such bills and that it should be considered proper that an altogether different department of the Government should be permitted to do so. Some of our best political maxims and opinions have been drawn from our parent isle. There are others, however, which can not be introduced in our system without singular incongruity and the production of much mischief, and this I conceive to be one. ”

“ In the federal constitution, the judiciary powers are separated from the others; but the legislative and executive are both exercised by Congress. A means of amending this defect has been thought of. Congress having a power to establish what committees of their own body they please, and to arrange among them the distribution of their business, they might, on the first day of their annual meeting, appoint an executive committee, consisting of a member from each State, and refer to them all executive business which should occur during their session ”

“ 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. ”

“ The legislative department derives a superiority in our governments from other circumstances. Its constitutional powers being at once more extensive, and less susceptible of precise limits, it can, with the greater facility, mask, under complicated and indirect measures, the encroachments which it makes on the co-ordinate departments. It is not unfrequently a question of real nicety in legislative bodies, whether the operation of a particular measure will, or will not, extend beyond the legislative sphere. ”

“ This same expression was employed by the committee when they provided for the mode in which a bill, once rejected by the President, should be again brought before the legislative bodies. They directed it to be returned "to that HOUSE in which it shall have originated,"—that is to say, to a constitutional quorum, a majority of which passed it in the first instance; and they then provided, that, if "two thirds of that HOUSE shall agree to pass the bill, it shall be sent, together with the objections, to the other HOUSE,... and if approved by two thirds of that HOUSE, it shall become a law." ”

“ The wisdom and the constitutionality of these broad delegations are matters that still have not been put to rest. But for present purposes, these cases establish that, by virtue of congressional delegation, legislative power can be exercised by independent agencies and Executive departments without the passage of new legislation. For some time, the sheer amount of law — the substantive rules that regulate private conduct and direct the operation of government — made by [p986] the agencies has far outnumbered the lawmaking engaged in by Congress through the traditional process. ”

“ Every measure of the Assembly must secure the approval of the Legislative Council, the members of which were appointed for life by the governor-general, and added to this the measure must then receive the royal assent before it became operative. ”

“ The function of the representative body, needed under a system of direct legislation, is substantially that of a legislative and administrative council or commission. It should be an experienced body of legal, administrative, and financial experts, comparatively limited in numbers, and selected in a manner to make them solicitous of the interests of the whole state. They should be elected, consequently, from comparatively large districts, or, if possible, by the electorate of the whole state under some system of cumulative voting. ”

“ Under this constitution the legislative assembly appoints the five substitutes of the president of the state, and also the three justices of the superior court. A council of state is created, to be composed of the president of the state, the last president of the legislative assembly, the president of the superior court, and the attorney-general of the state. ”

“ Even among the zealous patrons of a Council of State the most irreconcilable variance is discovered, concerning the mode in which it ought to be constituted. The demand of one gentleman is, that the Council should consist of a small number to be appointed by the most numerous branch of the Legislature. ”

“ The perfection of legislation on particular subjects depends not more on the wisdom of the entire body of legislators than on the good sense of the committees that deliberate upon them. Much of the efficiency and success of the legislative acts of Congress will depend upon the structure of the committees that do the laborious work of preparing business for the body. ”