The Federalist Papers · Federalist No. 48 · paragraph 5

For this reason, that convention which passed the ordinance of government, laid its foundation on this basis, that the legislative, executive, and judiciary departments should be separate and distinct, so that no person should exercise the powers of more than one of them at the same time. BUT NO BARRIER WAS PROVIDED BETWEEN THESE SEVERAL POWERS. The judiciary and the executive members were left dependent on the legislative for their subsistence in office, and some of them for their continuance in it. If, therefore, the legislature assumes executive and judiciary powers, no opposition is likely to be made; nor, if made, can be effectual; because in that case they may put their proceedings into the form of acts of Assembly, which will render them obligatory on the other branches. They have accordingly, IN MANY instances, DECIDED RIGHTS which should have been left to JUDICIARY CONTROVERSY,…

Publius · Alexander Hamilton, John Jay, James Madison · 1787–1788
Project Gutenberg #18, updated 11 October 2025; its author-attribution labels and source notes are retained. The supplied file does not identify one uniform underlying print edition.
Passage preview. Read in context for the complete text, notes and references.