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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 - Página 354
por United States. Supreme Court - 1947
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International Law Reports, Volume 94

E. Lauterpacht, C. J. Greenwood - 1994 - 728 páginas
...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 - 1994 - 598 páginas
...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 - 1994 - 284 páginas
...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 - 1994 - 422 páginas
...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 - 220 páginas
...(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 - 1996 - 363 páginas
...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 - 1998 - 196 páginas
...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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Making an Impact: A Handbook on Counselor Advocacy

Karen Eriksen - 1997 - 188 páginas
...of group conflict" (p. 5). Latham (1952) indicated that the purpose of the US government's structure "was not to avoid friction, but by means of the inevitable friction incident to the distribution of government powers among three departments, to save people from autocracy" (Myers vs. United States,...
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Eternal Vigilance?: 50 Years of the CIA

Rhodri Jeffreys-Jones, Christopher M. Andrew - 1997 - 262 páginas
...affirmation of Madisonian restraints, he reminded a new century of Americans that the founders had sought 'not to promote efficiency but to preclude the exercise...three departments, to save the people from autocracy'. 4 Down through the years, the governing arrangements envisioned by the founders have never worked perfectly....
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Main Themes in the Debate Over Property Rights, Volume 6

James W. Ely - 1997 - 464 páginas
...legislature or executive has infringed or denied liberty. As Justice Brandeis has explained: "The doctrine of separation of powers was adopted by the Convention...preclude the exercise of arbitrary power. The purpose was ... to save the people from autocracy."10 Under the separation of powers system, no branch may oppress...
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