Being himself restrained by no positive laws or regulations that have
been adopted by the people, or that may be altered by them, the people
have no political rights. In a mixed government, or limited monarchy,
political power is exercised to some extent. Although there is no
written constitution adopted by the people, as in a republic, the
members of one branch of the law-making power are elected by the people.
In such election they are said to exercise political power.

§4. We notice next the division of the civil power. This power, in well
constructed governments, is divided into three departments, the
legislative, the executive, and the judicial. The legislative department
is that by which the laws of the state are made. The legislature is
composed of two bodies, the members of which are elected by the people.
In limited monarchies where one branch of the legislature is elective,
the other is an aristocratic body, composed of men of wealth and
dignity, as the British house of lords.

§5. The executive department is intrusted with the power of executing,
or carrying into effect, the laws of the state. There is in this
department a governor, assisted by a number of other officers, some of
whom are elected by the people; others are appointed in such manner as
the constitution or laws prescribe. The powers and duties of the
governor of a state will be more particularly described in another
place.

§6. The judicial department is that by which justice is administered to
the citizens. It embraces the several courts of the state. All judges
and justices of the peace are judicial officers; and they have power,
and it is their business to judge of and apply the law in cases brought
before them for trial. A more particular description of the powers and