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" The doctrine of the separation of powers was adopted by the Convention of 1787, not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was, not to avoid friction, but, by means of the inevitable friction incident to the... "
United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ... - Page 614
by United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1952
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The Effective Republic: Administration and Constitution in the Thought of ...

Harvey Flaumenhaft - Biography & Autobiography - 1992 - 340 pages
...p. 504. 7 Compare Mr. Justice Brandeis, dissenting, in Myers v. United States, 272 US 52 (1926), at 293: "The doctrine of the separation of powers was...three departments, to save the people from autocracy." But consider, for example, F75, p. 507, where Hamilton presents an argument against admitting the House...
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Traditions and Values in Politics and Diplomacy: Theory and Practice

Kenneth W. Thompson - Political Science - 1992 - 372 pages
...constitutionalism. A century and a half after the country's founding, Justice Louis Brandeis was to write, "The doctrine of the separation of powers was adopted...1787 not to promote efficiency but to preclude the arbitrary exercise of power — not to avoid friction but by means of the inevitable friction incident...
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Respectfully Quoted: A Dictionary of Quotations

Suzy Platt - Quotations, English - 1992 - 550 pages
...Commentaries on the Laws of England, 9th ed., book 1, chapter 2, p. 146 (1783, reprinted 1978). 789 The doctrine of the separation of powers was adopted...three departments, to save the people from autocracy. Justice LOUIS D. BRANDEIS, dissenting, Myers v. United States, 272 US 293 (1926). 790 The accumulation...
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International Law Reports, Volume 94

E. Lauterpacht, C. J. Greenwood - Law - 1994 - 728 pages
...of powers with its checks and balances dictates that a court proceed to the merits of a controversy. "The doctrine of the separation of powers was adopted...three departments, to save the people from autocracy." Youngstown Sheet & Tube Company v. Sawyer, 343 US 579, 613-614, 72 S.Ct. 863, 898, 96 L.Ed. 1153 (1952)...
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The Supreme Court Justices: A Biographical Dictionary

Melvin I. Urofsky - Judges - 1994 - 598 pages
...executive to act unilaterally against civil servants he found unacceptable, Brandeis declared that "the doctrine of the separation of powers was adopted...efficiency but to preclude the exercise of arbitrary power" (Myers v. United States, 1927). "The purpose," he continued, "was not to avoid friction, but, by means...
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American Foreign Relations Reconsidered, 1890-1993

Gordon Martel - Education - 1994 - 284 pages
...institutions with shared and competing responsibilities," The purpose, as Justice Louis Brandeis later noted, was "not to avoid friction, but, by means of the inevitable...incident to the distribution of the governmental powers , , , to save the people from autocracy,"12 From the beginning, when George Washington refused in 1795...
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Truman and the Steel Seizure Case: The Limits of Presidential Power

Maeva Marcus - Biography & Autobiography - 1994 - 422 pages
...constitutional restrictions. To emphasize his point, Frankfurter quoted the words of Justice Brandeis: The doctrine of the separation of powers was adopted by the Convention of 1 787, not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was,...
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True Faith and Allegiance: The Burden of Military Ethics

James H. Toner - Business & Economics - 220 pages
...(1926), Justice Louis Brandeis wrote that "the doctrine of the separation of powers [emphasis added] was adopted by the Convention of 1787, not to promote...three departments, to save the people from autocracy." 31 The division of political power—horizontally among the executive, legislative, and judicial branches;...
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The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt

William E. Leuchtenburg - History - 1996 - 363 pages
...free government." Moreover, he pointed out, the principle of separation of powers had been adopted "not to promote efficiency but to preclude the exercise...three departments, to save the people from autocracy." 51 The Myers decision stirred up a storm. For the first time since the Insular Cases" a quarter of...
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The Power of Separation: American Constitutionalism and the Myth of the ...

Jessica Korn - Law - 1998 - 196 pages
...who believe that the eighteenth-century Constitution should be preserved. In Justice Brandeis's view, "the doctrine of the separation of powers was adopted...but to preclude the exercise of arbitrary power." 42 Brandeis's famous dictum continues to keep alive, in contemporary legal scholarship, the misleading...
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