“The old question will be asked in this matter of prerogative, But who shall be judge when this power is made a right use of? 1 answer: between an executive power in being, with such a prerogative, and a legislative that depends upon his will for their convening, there can be no judge on earth; as there can be none between the legislative and the people, should either the executive, or the legislative, when they have got the power in their hands, design, or go about to enslave or destroy them. The people have no other remedy in this, as in all other cases where they have no judge on earth, but to appeal to heaven: for the rulers, in such attempts, exercising a power the people never put into their hands, (who can never be supposed to consent that any body should rule over them for their harm) do that which they have not a right to do. And where the body of the people, or any single man, is deprived of their right, or is under the exercise of a power without right, and have no appeal on earth, then they have a liberty to appeal to heaven, whenever they judge the cause of sufficient moment. And therefore, though the people cannot be judge, so as to have, by the constitution of that society, any superior power, to determine and give effective sentence in the case; yet they have, by a law antecedent and paramount to all positive laws of men, reserved that ultimate determination to themselves which belongs to all mankind, where there lies no appeal on earth, viz. to judge, whether they have just cause to make their appeal to heaven. And this judgment they cannot part with, it being out of a man's power so to submit himself to another, as to give him a liberty to destroy him; God and nature never allowing a man so to abandon himself, as to neglect his own preservation: and since he cannot take away his own life, neither can he give another power to take it. Nor let any one think, this lays a perpetual foundation for disorder; for this operates not, till the inconveniency is so great, that the majority feel it, and are weary of it, and find a necessity to have it amended. But this the executive power, or wise princes, never need come in the danger of: and it is the thing, of all others, they have most need to avoid, as of all others the most perilous.”

— John Locke , book Two Treatises of Government

Second Treatise of Government http://www.constitution.org/jl/2ndtr14.htm, Sec. 168
Two Treatises of Government (1689)

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John Locke 144

English philosopher and physician 1632–1704

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“In every government there are three sorts of power: the legislative; the executive in respect to things dependent on the law of nations; and the executive in regard to matters that depend on the civil law.
By virtue of the first, the prince or magistrate enacts temporary or perpetual laws, and amends or abrogates those that have been already enacted. By the second, he makes peace or war, sends or receives embassies, establishes the public security, and provides against invasions. By the third, he punishes criminals, or determines the disputes that arise between individuals. The latter we shall call the judiciary power, and the other, simply, the executive power of the state.
When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Again, there is no liberty if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.
There would be an end of every thing, were the same man, or the same body, whether of the nobles or of the people, to exercise those three powers, that of enacting laws, that of executing the public resolutions, and of trying the causes of individuals.
The executive power ought to be in the hands of a monarch, because this branch of government, having need of dispatch, is better administered by one than by many: on the other hand, whatever depends on the legislative power, is oftentimes better regulated by many than by a single person.
But, if there were no monarch, and the executive power should be committed to a certain number of persons, selected from the legislative body, there would be an end of liberty, by reason the two powers would be united; as the same persons would sometimes possess, and would be always able to possess, a share in both.”

Montesquieu book The Spirit of the Laws

Book XI, Chapter 6.
The Spirit of the Laws (1748)
Source: Esprit des lois (1777)/L11/C6 - Wikisource, fr.wikisource.org, fr, 2018-07-07 https://fr.wikisource.org/wiki/Esprit_des_lois_(1777)/L11/C6,

“We think in America that it is necessary to introduce the people into every department of government as far as they are capable of exercising it; and that this is the only way to ensure a long-continued and honest administration of it's powers. 1. They are not qualified to exercise themselves the EXECUTIVE department: but they are qualified to name the person who shall exercise it. With us therefore they chuse this officer every 4. years. 2. They are not qualified to LEGISLATE. With us therefore they only chuse the legislators. 3. They are not qualified to JUDGE questions of law; but they are very capable of judging questions of fact. In the form of JURIES therefore they determine all matters of fact, leaving to the permanent judges to decide the law resulting from those facts. Butwe all know that permanent judges acquire an esprit de corps; that, being known, they are liable to be tempted by bribery; that they are misled by favor, by relationship, by a spirit of party, by a devotion to the executive or legislative; that it is better to leave a cause to the decision of cross and pile than to that of a judge biased to one side; and that the opinion of twelve honest jurymen gives still a better hope of right than cross and pile does. It is left therefore, to the juries, if they think the permanent judges are under any bias whatever in any cause, to take on themselves to judge the law as well as the fact. They never exercise this power but when they suspect partiality in the judges; and by the exercise of this power they have been the firmest bulwarks of English liberty.”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

Letter to the Abbé Arnoux (19 July 1787) https://founders.archives.gov/documents/Jefferson/01-15-02-0275
1780s

“The Legislative has no right to absolute, arbitrary power over the lives and fortunes of the people; nor can mortals assume a prerogative not only too high for men, but for angels, and therefore reserved for the exercise of the Deity alone.”

Samuel Adams (1722–1803) American statesman, Massachusetts governor, and political philosopher

The Rights of the Colonists (1772)

“The judicial power ought to be distinct from both the legislative and executive, and independent upon both, that so it may be a check upon both, as both should be checks upon that.”

John Adams (1735–1826) 2nd President of the United States

1770s, Thoughts on Government (1776)

“The legislator is an indispensable guardian of our freedom. It is true that great executives have played a powerful role in the development of civilization, but such leaders appear sporadically, by chance. They do not always appear when they are most needed. The great executives have given inspiration and push to the advancement of human society, but it is the legislator who has given stability and continuity to that slow and painful progress.”

J. William Fulbright (1905–1995) American politician

"The Legislator," lecture delivered at the University of Chicago (1946), edited for the Committee on Social Thought by Robert B. Heywood, p. 119 (1947)

“The role of the court is to apply law to the facts of the case before it … not to legislate, not to arrogate to itself the executive power, not to hand down advisory opinion on the issues of the day.”

Merrick Garland (1952) American judge

[Merrick Garland, Confirmation hearing on nomination of Merrick Garland to the United States Court of Appeals for the District of Columbia Circuit, United States Senate, December 1, 1995]; quote excerpted in:
March 18, 2016, The Potential Nomination of Merrick Garland, SCOTUSblog, Tom Goldstein, April 26, 2010 http://www.scotusblog.com/2010/04/the-potential-nomination-of-merrick-garland/, and also excerpted quote from this source, next cited in:
[March 18, 2016, The Quotable Merrick Garland: A Collection of Writings and Remarks, http://www.nationallawjournal.com/home/id=1202752327128/The-Quotable-Merrick-Garland-A-Collection-of-Writings-and-Remarks, Zoe Tillman, The National Law Journal, March 16, 2016, 0162-7325]
Confirmation hearing on nomination to United States Court of Appeals for the District of Columbia Circuit (1995)

“I really look forward to being between the legislative branch of government and the executive branch of government — being a person that can facilitate a real strong, solid line of communication between the two bodies.”

Janice McGeachin (1963) American congresswoman in Idaho

Source: McGeachin talks plans going forward as Idaho’s new Lt. Governor https://www.eastidahonews.com/2018/11/mcgeachin-talks-plans-going-forward-as-idahos-new-lt-governor/ (November 12, 2018)

“All lawful authority, legislative, and executive, originates from the people. Power in the people is like light in the sun: native, original, inherent, and unlimited by anything human.”

James Burgh book Political Disquisitions

Political Disquisitions (1774)
Context: All lawful authority, legislative, and executive, originates from the people. Power in the people is like light in the sun: native, original, inherent, and unlimited by anything human. In governors it may be compared to the reflected light of the moon, for it is only borrowed, delegated, and limited by the intention of the people; whose it is, and to whom governors are to consider themselves aa responsible, while the people are answerable only to God; — themselves being the losers, if they pursue a false scheme of politics.

“Economic depression can not be cured by legislative action or executive pronouncement.”

Herbert Hoover (1874–1964) 31st President of the United States of America

Herbert Hoover, 1874-1964 (1971)

“Whensoever therefore the legislative shall transgress this fundamental rule of society; and either by ambition, fear, folly or corruption, endeavour to grasp themselves, or put into the hands of any other, an absolute power over the lives, liberties, and estates of the people; by this breach of trust they forfeit the power the people had put into their hands for quite contrary ends, and it devolves to the people, who have a right to resume their original liberty, and, by the establishment of a new legislative, (such as they shall think fit) provide for their own safety and security, which is the end for which they are in society.”

John Locke book Two Treatises of Government

Second Treatise of Civil Government, Ch. XIX, sec. 222
Two Treatises of Government (1689)

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John Locke 144

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