- “Nor is there liberty if the power of judging is not separated from legislative power and from executive power. If it were joined to legislative power, the power over life and liberty of the citizens would be arbitrary, for the JUDGE would be the legislator. If it were joined to executive power, the JUDGE could have the force of an oppressor. All would be lost if the same . . . body of principal men . . . exercised these three powers.
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