Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/289

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CH. XXXVI.]
EXECUTIVE—UNITY.
281

It is not less essential to the steady administration of the laws, to the protection of property against those irregular and high-handed combinations, which sometimes interrupt the ordinary course of justice, and to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy.[1] Every man the least conversant with Roman history knows, how often that republic was obliged to take refuge in the absolute power of a single man, under the formidable name of a dictator, as well against the intrigues of ambitious individuals, aspiring to tyranny, and the seditions of whole classes of the community, threatening the existence of the government, as against foreign enemies, menacing the destruction and conquest of the state.[2] A feeble executive implies a feeble execution of the government. A feeble execution is but another phrase for a bad execution; and a government ill executed, whatever may be its theory, must, in practice, be a bad government.[3]

§ 1412. The ingredients, which constitute energy in the executive, are unity, duration, an adequate provision for its support, and competent powers. The ingredients, which constitute safety in a republican form of government, are a due dependence on the people, and a due responsibility to the people.[4]

§ 1413. The most distinguished statesmen have uniformly maintained the doctrine, that there ought to be a single executive, and a numerous legislature. They have considered energy, as the most necessary qualification of the power, and this as best attained by
  1. The Federalist, No. 70; Rawle on Const. ch. 12, p. 149.
  2. Id.
  3. Id.
  4. Id. 1 Kent's Comm. Lect. 13, p. 253, 254.

vol. iii.36