been stated, is that of distinct, independent, and sovereign States. It is the basis of the whole system. The next in order is, the division into the constitution-making and the law-making powers. The next separates the delegated and the reserved powers, by vesting the one in the government of the United States, and the other in the separate governments of the respective States, as co-ordinate governments; and the last, distributes the powers of government between the several departments of each. These divisions constitute the elements of which the organism of the whole system is formed. On their preservation depend its duration and success, and the mighty interests involved in both. I propose to take the divisions in the reverse order to that stated, by beginning with the last, and ending with the first.
The question, then, is — what provision has the constitution of the United States made to preserve the division of powers among the several departments of the government? And this involves another; whether the departments are so constituted, that each has, within itself, the power of self-protection; the power, by which, it may prevent the others from encroaching on, and absorbing the portion vested in it, by the constitution? Without such power, the strongest would, in the end, inevitably absorb and concentrate the powers of the others in itself, as has been fully shown in the preliminary discourse — where, also, it is shown that there is but one mode in which this can be prevented; and that is, by investing each division of
