in the progress of civilization makes this the more obvious. No
absolute trinity of governmental form can be maintained in human
society, as the relations of each individual to his fellows, and
of the State to all, become, and necessarily become, more
numerous and complicated. In every State that department which
in practice proves the strongest will push its jurisdiction
furthest.

It may be said, in view of its now established power to decide
between higher and lower forms of law,[Footnote: See Chap. VII.]
that the judiciary has proved the strongest. The legislature, as
has been stated, have found it a convenient depositary of many
quasi-legislative and quasi-executive functions, and this also
has largely increased its power.

The theory of the French philosophers that all the powers of
government could be divided into three parts, each bearing a name
descriptive only of itself, is not supported by the practical
experience of Americans. There are functions that might as well
be assigned to one of these parts as to another, or made into a
fourth and called administrative.[Footnote: Under authority of
her present Constitution, Virginia in 1904 organized a State
Commission for the Supervision of Corporations, which has both
judicial and administrative functions.]

The Constitution of the United States recognizes this in effect.
It makes the Senate an executive council, as well as a
legislative chamber. It allows Congress to vest the appointment
of any inferior officers in the courts (Art. II, Sec. 3). In
practice this power has been freely used.