Antifederalist No. 48 

NO SEPARATION OF DEPARTMENTS RESULTS IN NO RESPONSIBILITY 


"LEONIDAS," from London, obviously did not understand Article II 
Section I of the proposed new Constitution.  But his works were 
welcomed in the London Times, and either The Freeman's Journal, 
or The North-American Intelligencer on July 30, 1788. 
     In the new constitution for the future government of the 
thirteen United States of America, the President and Senate have 
all the executive and two thirds of the Legislative power. 
     This is a material deviation from those principles of the 
English constitution, for which they fought with us; and in all 
good governments it should be a fundamental maxim, that, to give 
a proper balance to the political system, the different branches 
of the legislature should be unconnected, and the legislative and 
executive powers should be separate.  By the new constitution of 
America this union of the executive and legislative bodies 
operates in the most weighty matters of the state.  They jointly 
make all treaties; they jointly appoint all officers civil and 
military; and, they jointly try all impeachments, either of their 
own members, or the officers appointed by themselves. 
     In this formidable combination of power, there is no 
responsibility.  And where there is power without responsibility, 
how can there be liberty? 
     The president of the United States is elected for four 
years, and each of the thirteen states has one vote at his 
election; which vote is not of the people, but of electors two 
degrees from the people. 
     The senate is a body of six years duration; and as in the 
choice of presidents, the largest state has but one vote, so it 
is in the choice of senators.  Now this shows, that 
responsibility is as little to be apprehended from amenability to 
constituents, as from the terror of impeachment; for to the 
members of the senate it is clear, that trial by impeachment is 
nothing but parade. 
     From such an union in governments, it requires no great 
depth of political knowledge to prophesy, that monarchy or 
aristocracy must be generated, and perhaps of the most grievous 
kind. The only check in favor of the democratic principle is the 
house of representatives; but its smallness of number, and great 
comparative disparity of power, render that house of little 
effect to promote good or restrain bad government. 
     The power given to this ill-constructed senate is, to judge 
of what may be for the general welfare; and such engagements, 
when made the acts of Congress, become the supreme laws of the 
land. 
     This is a power co-extensive with every possible object of 
human legislation.  Yet there is no restraint, no charter of 
rights, no residuum of human privileges, not intended to be given 
up to society. The rights of conscience, the freedom of the 
press, and trial by jury, are at the mercy of this senate. Trial 
by jury has been already materially injured.  The trial in 
criminal cases is not by twelve men of the vicinage, or of the 
county, but of the state; and the states are from fifty to seven 
hundred miles in extent!  In criminal cases this new system says, 
the trial shall be by jury.  On civil cases it is silent.  There 
it is fair to infer, that as in criminal cases it has been 
materially impaired, in civil cases it may be altogether omitted.  
But it is in truth, strongly discountenanced in civil cases; for 
this new system gives the supreme court in matters of appeal, 
jurisdiction both of law and fact. 
     This being the beginning of American freedom, it is very 
clear the ending will be slavery, for it cannot be denied that 
this constitution is, in its first principles, highly and 
dangerously oligarchical; and it is every where agreed, that a 
government administered by a few, is, of all governments, the 
worst. 
             LEONIDAS