Posted by Paul Andrew Mitchell, B.A., M.S. on September 09, 1998 at 21:38:05:
In America, however, the case is widely different:
"In Europe, the executive is almost synonymous with the
sovereign power of a State; and generally includes
legislative and judicial authority. When, therefore,
writers speak of the sovereign, it is not necessarily in
exclusion of the judiciary; and it will often be found that
when the executive affords a remedy for any wrong, it is
nothing more than by an exercise of its judicial authority.
Such is the condition of power in that quarter of the world,
where it is too commonly acquired by force or fraud, or
both, and seldom by compact. In America, however, the case
is widely different. Our government is founded upon
compact. Sovereignty was, and is, in the people."
[Glass v. The Sloop Betsey, 3 Dall 6 (1794)]
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