Legislative Power Quotes & Sayings

the American system of checks and balances disperses federal lawmaking authority among multiple, overlapping political forums. As a result, federal policymaking power is shared: Congress is given the primary power to draft laws, subject to the president's veto and judicial review; the executive branch is given the primary power to implement laws, subject to congressional oversight and judicial review; and the courts have the primary power to interpret laws, subject to a variety of legislative and executive checks, including the appointment process, budgetary powers, and the passage of "overrides"-laws that explicitly reverse or materially modify existing judicial interpretations of statutes. — Mark C. Miller

One continually hears the declaration that the direct primary [for legislative offices] will take power from the politicians and give it to the people. This is pure nonsense. Politics has been, is, and always will be carried on by politicians, just as art is carried on by artists, engineering by engineers, business by businessmen. All that the direct primary, or any other political reform, can do is affect the character of the politicians by altering the conditions that govern political activity, thus determining its extent and quality. The direct primary may take advantage and opportunity from one set of politicians and confer them upon another set, but politicians there will always be so long as there is politics. (Cited in Key 1965, 394-95) — Marty Cohen

The State of the Union has become, under presidents of both parties, a political pep rally degrading to everyone. The judiciary and uniformed military should never attend. And Congress, by hosting a spectacle so monarchical in structure (which is why Thomas Jefferson sent his thoughts to Congress in writing) deepens the diminishment of the legislative branch as a mostly reactive servant of an overbearing executive. — George F. Will

I have appealed to our own experience for the truth of what I advance on this subject [that the legislative power is the predominant power]. Were it necessary to verify this experience by particular proofs, they might be multiplied without end. I might find a witness in every citizen who has shared in, or been attentive to, the course of public administrations. — James Madison

We have left behind the rosy agrarian rhetoric and slaveholding reality of Jeffersonian democracy and reside in the bustling world of trade, industry, stock markets, and banks that Hamilton envisioned. (Hamilton's staunch abolitionism formed an integral feature of this economic vision.) He has also emerged as the uncontested visionary in anticipating the shape and powers of the federal government. At a time when Jefferson and Madison celebrated legislative power as the purest expression of the popular will, Hamilton argued for a dynamic executive branch and an independent judiciary, along with a professional military, a central bank, and an advanced financial system. Today, we are indisputably the heirs to Hamilton's America, and to repudiate his legacy is, in many ways, to repudiate the modern world. — Ron Chernow

No country can be called free which is governed by an absolute power; and it matters not whether it be an absolute royal power or an absolute legislative power, as the consequences will be the same to the people. — Thomas Paine

Upon you, fellow-citizens, as the representatives of the States and the people, is wisely devolved the legislative power. — Millard Fillmore

What's brilliant about the United States system of government is separation of power. Not only the executive, legislative, judicial branches, but also the independence of the military from civilians, an independent media and press, an independent central bank. — Feisal Abdul Rauf

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. — John Locke

The dignity and stability of government in all its branches, the morals of the people, and every blessing of society depend so much upon an upright and skillful administration of justice, that the judicial power ought to be distinct from both the legislative and executive, and independent upon both, that so it may be a check upon both, as both should be checks upon that. — John Adams

If the president uses executive orders to legislate new laws, that would be an example of him subverting legislative power from Congress, and might be considered a gross perversion of the Constitution. — Gary Hansen

The legislative cannot transfer the power of making laws to any other hands: for it being but a delegated power from the people, they who have it cannot pass it over to others. — John Locke

Is there a Legislative power in fact, not expressly prohibited by the Constitution, which might not, according to the doctrine of the Court, be exercised as a means of carrying into effect some specified Power? — James Madison

I praise mirth" [Eccl. viii. 15]. This means the righteous man rejoices when he performs a meritorious act. "And of joy, what doth this do?" [Eccl. ii. 2] alludes to rejoicing that comes not through a Heaven-pleasing deed. This teaches that the divine presence (Shekhina) comes not by sadness, by indolence, by hilarity, by levity, by gossip, or by senseless talk, but through rejoicing in a meritorious deed; as it is written: "Now bring me a minstrel; and when the minstrel played, the power of the Lord was upon him" [II Kings, iii. 15]. Rabba said: The same (should be done) in order to enjoy good dreams. R. Jehudah says: The same (should be done) to predispose one's self for legislative work, as Rabba did: Before commencing to expound a Halakha he introduced it with a simile and caused the masters to become joyful; afterward, he sat down in the fear of the Lord and began to expound the Halakha. — Michael Rodkinson

The question whether the judges are invested with exclusive authority to decide on the constitutionality of a law has been heretofore a subject of consideration with me in the exercise of official duties. Certainly there is not a word in the Constitution which has given that power to them more than to the Executive or Legislative branches. — Thomas Jefferson

Freedom can never be completely safeguarded by rules and laws. It is as much dependent on the courage, integrity, and responsibility of each of us as it is on these qualities in those who govern. Every trait in us and our leaders which points to passive submission to mere power betrays democratic freedom. In our American system of democratic government, three different powerful branches serve to check each other, the executive, the legislative, and the judiciary. Yet when there is no will to prevent encroachment of the power of one by any of the others, this system of checks, too, can degenerate. — Joost A.M. Meerloo

It is often hard to secure unanimity about the borders of legislative power, but that is much easier than to decide how far a particular adjustment diverges from what the judges deem tolerable. On such issues experience has over and over again shown the difficulty of securing unanimity. This is disastrous because disunity cancels the impact of monolithic solidarity on which the authority of a bench of judges so largely depends. — Learned Hand

In Islam, the legislative power and competence to establish laws belong exclusively to God Almighty. — Ruhollah Khomeini

Legislative action will never bring genuine campaign-finance reform. Consultants will prove endlessly inventive in gaming whatever system the reformers can devise so as to give their candidate an edge and allow the power of massive money to be felt. But reform laws will become irrelevant and redundant as the Internet replaces the special-interest fat cats as the best way to raise money and takes the place of TV as the most effective way to get votes. — Dick Morris

A representative assembly, although extremely well qualified, and absolutely necessary, as a branch of the legislative, is unfit to exercise the executive power, for want of two essential properties, secrecy and dispatch. — John Adams

King is a title which translated into several languages, signifies a magistrate with as many different degrees of power as there are kingdoms in the world, and he can have no power but what is given him by law; yea, even the supreme or legislative power is bound by the rules of equity, to govern by laws enacted, and published in due form; for what is not legal is arbitrary. — John Arbuthnot

I hope a start at getting some oil out of the enormous Alaska field isn't indefinitely mired in a bureaucratic morass as a result of our national concern for the ecology. This concern must not be so misguided, misdirected, misused that it serves to stop economic growth, to bankrupt companies, to stifle new development, new jobs, new horizons. In fighting new pollution and stemming present pollution, exciting, sometimes costly means and methods exist and others will evolve. But blanket legislative naysaying to expanding power and energy sources is stupid, self-defeating. — Malcolm Forbes

I do not conceive that power is given to the President and Senate to dismember the empire, or to alienate any great, essential right. I do not think the whole legislative authority have this power. The exercise of the power must be consistent with the object of the delegation. — James Madison

Corrupted by wealth and power, your government is like a restaurant with only one dish. They've got a set of Republican waiters on one side and a set of Democratic waiters on the other side. But no matter which set of waiters brings you the dish, the legislative grub is all prepared in the same Wall Street kitchen. — Huey Long

If there are such things as political axioms, the propriety of the judicial power of a government being co-extensive with its legislative, may be ranked among the number. — Alexander Hamilton

What is to be the consequence, in case the Congress shall misconstrue this part [the necessary and proper clause] of the Constitution and exercise powers not warranted by its true meaning, I answer the same as if they should misconstrue or enlarge any other power vested in them ... the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in a last resort a remedy must be obtained from the people, who can by the elections of more faithful representatives, annul the acts of the usurpers. — James Madison

The natural liberty of man is to be free from any superior power on Earth, and not to be under the will or legislative authority of man, but only to have the law of nature for his rule. — Samuel Adams

Money is not an invention of the state. It is not the product of a legislative act. Even the sanction of political authority is not necessary for its existence. Certain commodities came to be money quite naturally, as the result of economic relationships that were independent of the power of the state. — Carl Menger

The parliamentary principle of vesting legislative power in the decision of the majority rejects the authority of the individual and puts a numerical quota of anonymous heads in its place. In doing so it contradicts the aristocratic principle, which is a fundamental law of nature. — Adolf Hitler

Nothing in the 14th Amendment or in any other constitutional provision suggests that the president may usurp legislative power to prevent a violation of the Constitution. — Laurence Tribe

Although every organized religion works overtime to contribute its own brand of misogyny to the myth of woman-hate, woman-fear, and woman-evil, the Roman Catholic church also carries the immense power of very directly affecting women's lives everywhere by its stand against birth control and abortion, and by its use of skillful and wealthy lobbies to prevent legislative change. It is an obscenity-an all-male hierarchy, celibate or not, that presumes to rule on the lives and bodies of millions of women. — Robin Morgan

Freedom of men under government is to have a standing rule to live by, common to every one of that society and made by the legislative power vested in it and not to be subject to the inconstant, uncertain, arbitrary will of another man. — John Locke

We have already given in example one effectual check to the dog of war by transferring the power of letting him loose from the Executive to the Legislative body — Thomas Jefferson

The power of protest depends not only on how many turn out, but also on what legislative, judicial, and civil society institutions exist to enact the will of those marching in the streets. — Cynthia P. Schneider

With a [democratic] government anyone in principle can become a member of the ruling class or even the supreme power. The distinction between the rulers and the ruled as well as the class consciousness of the ruled become blurred. The illusion even arises that the distinction no longer exists: that with a public government no one is ruled by anyone, but everyone instead rules himself. Accordingly, public resistance against government power is systematically weakened. While exploitation and expropriation before might have appeared plainly oppressive and evil to the public, they seem much less so, mankind being what it is, once anyone may freely enter the ranks of those who are at the receiving end. Consequently, [exploitation will increase], whether openly in the form of higher taxes or discretely as increased governmental money "creation" (inflation) or legislative regulation. — Hans-Hermann Hoppe

the government both in the executive and the legislative branches must carry out in good faith the platforms upon which the party was entrusted with power. But the government is that of the whole people; the party is the instrument through which policies are determined and men chosen to bring them into being. The animosities of elections should have no place in our Government, for government must concern itself alone with the common weal. — George Washington

The whole body of the nation is the sovereign legislative, judiciary, and executive power for itself. The inconvenience of meeting to exercise these powers in person, and their inaptitude to exercise them, induce them to appoint special organs to declare their legislative will, to judge and to execute it. It is the will of the nation which makes the law obligatory. — Thomas Jefferson

To refer the power in question to the clause "to provide for the common defense and general welfare" would be contrary to the established and consistent rules of interpretation, as rendering the special and careful enumeration of powers which follow the clause nugatory and improper. Such a view of the Constitution would have the effect of giving to Congress a general power of legislation instead of the defined and limited one hitherto understood to belong to them, the terms "common defense and general welfare" embracing every object and act within the purview of a legislative trust. — James Madison

There is as yet no liberty if the power of judging be not separated from legislative power and the executrix — Baron De Montesquieu

Whensoever, therefore, the legislative shall transgress this fundamental rule of society, and either by ambition, fear, folly, or corruption, endeavour to grasp themselves, or put into the hands of any other, an absolute power over the lives, liberties, and estates of the people, by this breach of trust they forfeit the power the people had put into the hands ... and it devolves to the people, who have a right to resume their original liberty, and ... provide for their own safety and security. — John Locke

In every government there are three sorts of power: the legislative; the executive in respect to things dependent on the law of nations; and the executive in regard to matters that depend on the civil law. — Baron De Montesquieu

Hence it is a mistake to think, that the supreme or legislative power of any common-wealth, can do what it will, and dispose of the estates of the subject arbitrarily, or take any part of them at pleasure. — John Locke

The legislative department is everywhere extending the sphere of its activity and drawing all power into its impetuous vortex. — James Madison

The great interests of an agricultural, commercial, and manufacturing nation are so linked in union together that no permanent cause of prosperity to one of them can operate without extending its influence to the others. All these interests are alike under the protecting power of the legislative authority, and the duties of the representative bodies are to conciliate them in harmony together. — John Quincy Adams

The proprietor, the robber, the hero, the sovereign - for all these titles are synonymous - imposes his will as law, and suffers neither contradiction nor control; that is, he pretends to be the legislative and the executive power at once ... [and so] property engenders despotism ... That is so clearly the essence of property that, to be convinced of it, one need but remember what it is, and observe what happens around him. Property is the right to use and abuse ... if goods are property, why should not the proprietors be kings, and despotic kings - kings in proportion to their facultes bonitaires? And if each proprietor is sovereign lord within the sphere of his property, absolute king throughout his own domain, how could a government of proprietors be any thing but chaos and confusion? — Pierre-Joseph Proudhon

The very purpose of the Second Amendment is to stop the government from disallowing people the means to defend themselves against tyranny. Any proposal to abuse executive power and infringe upon gun rights must be repelled with the stiffest legislative force possible. — Steve Stockman

EXECUTIVE, n. An officer of the Government, whose duty it is to enforce the wishes of the legislative power until such time as the judicial department shall be pleased to pronounce them invalid and of no effect. — Ambrose Bierce

Freedom then is not what Sir Robert Filmer tells us, O. A.8 55, "a liberty for every one to do what he lists, to live as he pleases, and not to be tied by any laws." But freedom of men under government is to have a standing rule to live by, common to every one of that society, and made by the legislative power erected in it; a liberty to follow my own will in all things, where the rule prescribes not; and not to be subject to the inconstant, uncertain, unknown, arbitrary will of another man; as freedom of nature is to be under no other restraint but the law of nature. — John Locke

Established politicians are also bumping into a new cast of characters within corridors of legislative power. In 2010 parliamentary elections in Brazil, for example, the candidate who won the most votes anywhere in the country (and the second-most-voted congressman in the country's history) was a clown - an actual clown who went by the name of Tiririca and wore his clown costume while he campaigned. His platform was as anti-politician as it gets. "I don't know what a representative in congress does," he told voters in YouTube video that attracted millions of voters, "but if you send me there I will tell you". He also explained that his goal was "to help needy people in this country, but especially my family". — Moises Naim

It equally proves, that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive. For I agree, that "there is no liberty, if the power of judging be not separated from the legislative and executive powers." And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments ... — Alexander Hamilton

The principles of a free constitution are irrecoverably lost, when the legislative power is nominated by the executive. — Edward Gibbon

If they are incorporated into the Constitution, independent tribunals of justice will consider themselves in a peculiar manner the guardians of those rights; they will be an impenetrable bulwark against every assumption of power in the legislative or executive; they will be naturally led to resist every encroachment upon rights expressly stipulated for in the Constitution by the declaration of rights. — James Madison

When legislative power is united with executive power in a single person or in a simple body of magistracy, there is no liberty, because one can fear that the same monarch or senate that makes tyrannical laws will execute them tyrannically. . . . — Mark R. Levin

The danger from legislative usurpations, which, by assembling all power in the same hands, must lead to the same tyranny as is threatened by executive usurpations. — James Madison

It is one thing to be subordinate to the laws, and another [for the Executive] to be dependent on the legislative body. The first comports with, the last violates, the fundamental principles of good government; and, whatever may be the forms of the Constitution, unites all power in the same hands. — Alexander Hamilton

The constitution has divided the powers of government into three branches, Legislative, Executive and Judiciary, lodging each with a distinct magistracy. The Legislative it has given completely to the Senate and House of Representatives. It has declared that the Executive powers shall be vested in the President, submitting special articles of it to a negative by the Senate, and it has vested the Judiciary power in the courts of justice, with certain exceptions also in favor of the Senate. — Thomas Jefferson

The regular distribution of power into distinct departments; the introduction of legislative balances and checks; the institution of courts composed of judges holding their offices during good behavior; the representation of the people in the legislature by deputies of their own election ... They are means, and powerful means, by which the excellences of republican government may be retained and its imperfections lessened or avoided. — Alexander Hamilton