Chapter VIII.

Division of the Powers of Government.



§1. Having shown the nature of a constitution and the manner in which it
is made and adopted, it will next be shown how the powers of government
under a state constitution are divided. As the excellence of a form of
government consists much in a proper separation and distribution of
power, this subject deserves special attention.

§2. We notice first the separation of the political and civil powers.
The words _political_ and _civil_ are often used as having the same
meaning. Thus, speaking of the system of government and laws of a
country, we use the general term, "political institutions," or "civil
institutions;" either of which is deemed correct. But these words have
also a particular signification, as has already been shown in the
distinction made in preceding chapters between political rights and
civil rights, and between the political law and the municipal or civil
laws. (Chap. II, and III.) Hence it appears, that what we mean by
political power is the power exercised by the people in their political
capacity, in adopting their constitution and electing the officers of
the government; and that, by the civil power is meant the power
exercised by these officers in administering the government.

§3. In an absolute government, no such distinction exists; all power is
centered in the supreme ruler. There is no political law binding on him.