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- What is the Basis for the Theory of the Declaration?
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This charge refers to the need to separate the judiciary from the executive, in order to make government abuse of power less likely. Otherwise the people's unalienable rights would be endangered. It should be compared with Article III, Section 1 of the United States Constitution: "The Judges, both of the supreme and inferior courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their continuance in Office." In 1761 the English government declared that the tenure of judges in colonial courts should be at the discretion of the King. This led to a crisis in New York in that same year, when the colony's judges refused to carry out their duties unless their commissions under the King were for continuance in office during good behavior. The New York legislature passed a law stipulating such tenure. When the British government learned of this law, it sent instructions to the colonial governors forbidding them from assenting to any act passed by their legislatures pertaining to the tenure of judges.
John Adams
Benjamin Franklin
Alexander Hamilton
Thomas Jefferson
James Madison
George Washington
James Wilson