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More fundamentally, however, the answer to petitioners' objection is that there can be no impairment of executive power, whether on the state or federal level, where actions pursuant to that power are impermissible under the Constitution. Where there is no power, there can be no impairment of power.
--
Writing for the court, Elrod v. Burns, 427 U.S. 347, 353 (1976)

 

William J. Brennan

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The course of events is so rapidly hastening forward that the emergency may soon arise when you may be called upon to decide the momentous question whether you possess the power by force of arms to compel a State to remain in the Union. I should feel myself recreant to my duty were I not to express an opinion on this important subject.
The question fairly stated is, Has the Constitution delegated to Congress the power to coerce a State into submission which is attempting to withdraw or has actually withdrawn from the Confederacy? If answered in the affirmative, it must be on the principle that the power has been conferred upon Congress to declare and to make war against a State. After much serious reflection I have arrived at the conclusion that no such power has been delegated to Congress or to any other department of the Federal Government. It is manifest upon an inspection of the Constitution that this is not among the specific and enumerated powers granted to Congress, and it is equally apparent that its exercise is not "necessary and proper for carrying into execution" any one of these powers. So far from this power having been delegated to Congress, it was expressly refused by the Convention which framed the Constitution.

 

James Buchanan

 

I used many times to touch my own chest and feel, under its asthmatic quiver, the engine of the heart and lungs and blood and feel amazed at what I sensed was the enormity of the power I possessed. Not magical power, but real power. The power simply to go on, the power to endure, that is power enough, but I felt I had also the power to create, to add, to delight, to amaze and to transform.

 

Stephen Fry

 

There is a Power, a Power that controls the moon, the stars and the sun. It is a Power that can burn all other powers. It is the Power that pervades each atom, all that is finite, all that is infinite, a Power that no one can see...It has no assistance. It is completely alone. Original.

 

Bawa Muhaiyaddeen

 

The necessity for power is obvious, because life cannot be lived without order; but the allocation of power is arbitrary because all men are alike, or very nearly. Yet power must not seem to be arbitrarily allocated, because it will not then be recognized as power. Therefore prestige, which is illusion, is of the very essence of power. [p.235]

 

Simone Weil

 

In this distinct and separate existence of the judicial power, in a peculiar body of men, nominated indeed, but not removable at pleasure, by the crown, consists one main preservative of the public liberty; which cannot subsist long in any state, unless the administration of common justice be in some degree separated both from the legislative and the also from the executive power. Were it joined with the legislative, the life, liberty, and property of the subject would be in the hands of arbitrary judges, whose decisions would be then regulated only by their own opinions, and not by any fundamental principles of law; which, though legislators may depart from, yet judges are bound to observe. Were it joined with the executive, this union might soon be an overbalance for the legislative. For which reason... effectual care is taken to remove all judicial power out of the hands of the king's privy council; who, as then was evident from recent instances might soon be inclined to pronounce that for law, which was most agreeable to the prince or his officers. Nothing therefore is to be more avoided, in a free constitution, than uniting the provinces of a judge and a minister of state.

 

William Blackstone