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Distribution of Powers Functionally and theory of Separation Of Powers. There are two methods may be employed for distributing governmental powers, the territorial and the functional. These two are not alternative methods. The territorial division relates to the splitting up of the territory of the State into political divisions and the distribution of governmental powers among such divisions. Each of the political divisions is provided with a governmental organization through which it performs its functions. But the work of government is so wide and complex that it is imperative to establish special organs for the performance of the several kinds of work to be done. This is necessary for two obvious reasons, first that the benefits of specialization may be secured and, secondly, responsibility may be more definitely located.
When the work of government is distributed to political organs in accordance with the nature of function to be performed, it is the functional distribution powers. Carl J. Friedrich says that true constitutional government does not exist unless procedural restraints are established and effectively Operating. Such restraints involve some division of power for evidently some considerable power must be vested in those who are expected to do the restraining. Such a division of governmental power under a constitution has largely taken two forms the functional division such as that into legislative, executive, and judicial, and the spatial (territorial) division of federalism.
Based upon this principle of distribution, all the powers of government have long been conceived as falling within one or another of three great classes, according as they have to do with:
The enactment of making of laws.
The interpretation of these laws and
Their enforcement.
To these three classes have been given the names, legislative, judicial and executive. Structurally considered, government has been deemed to be made up of three branches having for their functions the enactment, the adjudication, and the enforcement of law, and the branches to which these functions belong are known as the Legislature, the Judiciary, and the Executive respectively.
This three fold division of governmental powers had received such general recognition that it became a classical division. But recently it has been held by some writers that this division is unscientific. Willoughby, for example, says that attempts to act upon it lead not only to confusion of thought but to serious difficulties in working out the practical problems of the distribution of governmental powers functionally. He suggests that electorate and administration are distinct branches of government and it is important to recognize their distinct character in the practical work of organizing and operating a government In Sweden administrative power has been separated from the executive power and Carl Friedrich says, without any theoretical recognition of the fact, the American federal government tends in the same direction of differentiating between strictly executive and purely administrative functions.
(4 ) Gladden, however, does not support this point of view, and is of the Opinion that administration is subordinate to the main powers or branches of government. Gladden opinion is convincing and we adhere, to the three fold division Nor can there be a divorce between the electorate and legislative functions. Political sovereign and legal sovereign are the two aspects of the sovereignty of the State. The will of the electors is the controlling power behind the legal sovereign and it is to their mandate that the legal sovereign must ultimately bow.
Theory of the Separation of Powers:
Political liberty, we have emphasized, is possible only when the government is restrained and limited. The theory that the functions of government should be differentiated, and that they should be performed by distinct organs consisting of different bodies of persons so that each department should be limited to its own sphere of action without encroaching upon the others, and that it should be independent within that sphere, is called in its traditional form, the theory of the Separation of Powers. Montesquieu, the celebrated French scholar, wrote in his famous book, The Spirit of the Laws, that constant experience shows us that every man invested with power is apt to abuse it, and to carry his authority until he is confronted with limits. Montesquieu poses the question clearly enough. He asserts that concentrated power is dangerous and leads to despotism. But how to avoid concentration of power? His answer is simple by separating the functions of the executive, legislative and judicial departments of government, so that one may operate as a balance against another and, thus, power should be a check on power. Le pouvoir arrete le pouvoir power halts power. A constitution may be such that none shall be compelled to do things to which be is not obliged by law, or not to do things which the law permits. Montesquieu's thesis is the division of powers by functions and the theory emerging there from is known as that of the Separation of Powers. The exposition given by Montesquieu has now become classical.
The idea contained in the theory of the Separation of Powers was not entirely unknown before Montesquieu. Its origin can be traced back to Aristotle, if not indeed to earlier writers. In the Politics is found an analysis of three parts or branches of government the deliberative, executive and judicial. Aristotle did not go into details. He confined himself to a description of their personnel, organization, and functions, without suggesting their separation various political philosophers, from Marsigilo of Padua in the fourteenth century, gave some attention to the theory of Separation of Powers, but it meant little to Political Science until the issue of political liberty became urgent the seventeenth century it began to acquire eighteenth, with the critical times, items to the forefront of discussion.
There are traces of the theory in John Locke's Civil Government. Locke distinguished between three powers that existed in every commonwealth. These he called legislative, executive and federate the federate power related to the conduct of foreign affairs. The executive and federate powers, he pointed out are always almost unite, and to this union he expressed no objection But he would not permit the union of the executive power with the legislative. The legislative power, he said, in well ordered commonwealth, where the good of the whole is so considered as it ough, is placed in the hands of an assembly that convenes at intervals, But since the administration and enforcement of law is a continuous task, a power distinct from the legislative must remain always in being. In practice, the legislative and executive powers come often to be separated. In principle, too, Locke argued that they should be separate, because it may be too great temptation to human frailty, apt to grasp at power, for the same persons who have the power of making laws to have also in their hands the power to execute them. This division of authority and the separation of executive and legislative power is justified and explained by Locke on the ground that it is necessary for the maintenance of liberty. Liberty suffers when the same human beings make the laws and apply them.
The Ideas of Montesquieu:
Here were the threads for Montesquieu to gather, elaborate and expand, and then to formulate them in concrete terms. Montesquieu lived in the time of Louis XIV, the author of the famous dictum, I am the State. The monarch combined in his person all the three powers. His word was law and his authority was unquestionable. There was no liberty for the people under such an Oppressive and despotic government Montesquieu happened to visit Great Britain and was tremendously impressed by the spirit of freedom prevailing there. He tried to find, out the causes of the liberty of the British people. He compared the independence of the judges and the strength of Parliament there with the subordination of the judiciary to the French. Monarchy and the virtual extinction of the Estates General. Not foreseeing the rise of the Cabinet system of government in Britain and keenly desiring to substitute political liberty for royal absolutism in France, Montesquieu advocated the separation of powers as a device to make government safe for the governed. The division of powers that he envisaged was the same as that of Locke, except for renaming Locke's executive power and calling it the judicial power The executive function, as described by Locke, had been to execute the laws in any case. He also changed Locke's terminology and named his federative power as the executive power, But in his insistence that they must be entrusted separately to different personnel he went considerably ahead of his predecessor. His most famous statement runs thus.
When the legislative and executive powers are united in the same person, or in the same body of Magistrates, there can be no liberty because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, and execute them in a tyrannical manner. Again, there is no liberty if the judicial power he not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would exposed to arbitrary control, for the judge would then be legislator. Were it joined to the executive power, the judge might behave with Violence and oppression. There would be an end of everything, were the same man or the same body to exercise those three powers, that of enacting laws, that of executing the public resolutions, and of trying the cases of individuals
To explain briefly and in simple language, Montesquieu endeavored to establish that. whoever has unrestrained power, will abuse it If the legislative and executive powers are combined in the same person or body of persons, there can be no liberty, because the same agency becomes the maker and executor of laws. Similarly, if the legislative and judicial functions are combined the maker of laws is also their interpreter. If the executive powers are combined with the judicial, the same agency is the prosecutor as well as the judge. If all the three powers are concentrated a single hand there would be an end of everything, as there will be tyrannical laws interpreted and enforced with the violence of an oppressor. Montesquieu's thesis is that concentration of legislative, executive and judicial functions, either in one single person or a body of persons, results in abuse of authority, and such an organization is tyrannical He urged that the three departments of government should be so organized that each should be entrusted to different personnel, and each department should perform distinct functions within the sphere of powers assigned to it.
There has been some controversy among students of Political Science whether Montesquieu contemplated an absolute or only a limited separation of thee powers. One school is of the opinion that Montesquieu desired absolute separation so that each department remained independent and supreme within its own sphere. Others believe that he never thought to separate the powers completely. He rather suggested modification of the concentration of powers. Montesquieu was searching for means, as Herman Finer observes, to limit the Crown to make a constitution to build canals through which, but , not over which, power should stream to create intermediary bodies to check and balance probable despotism and yet he did not wish to fly to the extreme of democracy? For Montesquieu, the executive convenes the legislature, fixes its duration, and votes legislation. The legislature has the right of impeachment.
It may not arraign the chief of the State but, as the person entrusted with the executive power cannot abuse it, without bad counselors, and such as have the laws as ministers, though the laws protect them as subjects, these men may be examined and punished. His idea of impeachment is that of political responsibility of ministers in our times. Loeke's analysis of the government structure, too, proves that the various powers of government Were not to be separated into watertight compartments. He made them dependent on the supreme power of the people, the executive functioned in subordination to the legislature and the judiciary worked as part and parcel of the executive.
The essence of Montesquieu's theory of Separation of Powers is that it imposes t each organ of government the obligation to explain itself and to see that it acted with law and not beyond it. If the authority exercised is in excess of that permitted by law, it should be checked by the other in order to restrain its encroachments. And this is the correct meaning of le pouvoir artere le pouvoir power has power. There must be a separation of powers within the structure of government in order that one power may operate as a balance against another power. Such check Montesquieu considered necessary for safeguarding the liberty of the individual and for avoiding tyranny. Montesquieu follows Locke, but with more system and it is important to observe that he never thinks to separate the powers completely, but rather to modify the concentration of powers.
Blackstone's View:
A similar view was expressed by Backstone, the British jurist. In his Commentaries on the Laws of England, Blackstone said, Whenever the right of making and enforcing the law is vested in the same man or one and the same body of men, there can be no public liberty. The Magistrate may enact tyrannical laws and execute them in a tyrannical manner since he is possessed, in his quality of dispenser of justice, with all the power which he as legislator thinks proper to give himself Where it (the judicial power) joined with the legislative, the life liberty, and property of the subject would be in the hands of arbitrary judges whose decisions would be regulated by their 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 be an over balance of the legislative.
Practical Effects of Montesquieu's Theory:
Montesquieu's theory of Separation of Powers had a great democratic appeal and it soon became a political dogma. The teachings of Montesquieu gave fillip to the French Revolution, and nearly all governments of the revolutionary period were organized on the principle of Separation of Powers. The famous Declaration of Rights issued after the Revolution, laid down that every society in which the separation of powers is not determined has no constitution. The Constitution , of 1791 made the executive and the legislature independent of each other, and the judges elective and independent. For a short span of tithe, during the regime of Napoleon, it was defied, but the doctrine was constantly in the minds of the people. As a constitutional maxim it is jealously cherished even today.
In the United States, Montesquieu's theory found its best expression. We shall never know, says Herman Finer, whether the Fathers of the American Constitution established the separation of powers horn the influence of the theory, or to accomplish the immediately practical task of safeguarding liberty and property. But they definitely desired liberty in the sense enunciated by Montesquieu. They also desired limits upon despotism. Independence from British suzerainty had given them the first. A short experience with legislative supremacy, after the Declaration of Philadelphia, had convinced them that concentration of power in any one institution was fraught with abuse. While writing about the Constitution of Virginia, Jefferson wrote. All the powers of government, legislative, executive, and judicial, result to the legislative body. The concentrating of these in the same hands is precisely the definition of despotic government. It will be no alleviation that these powers will be exercised by a plurality of hands, and not by a single one. One hundred and seventy three despots would surely be as oppressive as one
The same point was elaborated by Madison while issuing a similar warning. The legislative department is everywhere extending the Sphere of its activity, and drawing all power into its impetuous vortex They (the founders of our republics) seem never to have recollected the danger from legislative usurpation, which by assembling all power in the same hands, must lead to the same tyranny as it had been threatened by executive usurpation.
If concentration of power was the evil to be avoided, was there besides executive or legislative omnipotence some third possibility? The alternative was what has come to be called Separation of Powers. In fact Separation of Powers became a political creed with the statesmen and those engaged in the framing of the national constitution at the Philadelphia Convention. They were not new to the theory.
The governmental system of the Colonial period embodied a species of Separation of Powers. Prior to 1776, the executive branch, under the Governor, was distinct from the legislative, and controversies between them were rampant in the two decades that led up to the Independence. With the principle of judicial review, the statesmen of that day were also equally familiar as the constitutionality of Colonial Acts could be challenged before the Judicial Committee of the Privy Council in London History, therefore, joined hands with philosophy in writing a separation of powers into the federal constitution. The influence of Montesquieu's was, indeed, powerful and decisive. Madison unequivocally maintained that Montesquieu was the oracle who is always consulted and cited on the subject. Whatever be the respective weights of influence in the Philadelphia Convention, the American. Constitution, as Finer observes, was consciously and elaborately made an essay in the separation of powers and is today the most important polity in the world which operated upon that principle.
But the American Constitution did not explicitly state that powers ought to be separate. It simply distribute the powers, legislative powers were vested in Congress, the executive powers in the President, and the judicial in the Courts. While apportioning the lion's share of powers to one department of government the Constitution gave smaller slices to each of other departments. This was done to avoid concentration and consequent abuse of power. The maxim with the Fathers of the Constitution was that power should be limited, controlled and diffused. If power is not to be abused then it is necessary, in the nature of things, that power be made a check to power. In the field of legislation, for example, the bulk of the lawmaking power was placed in Congress, but the President received his share in the powers to recommend measures, to summon Congress in special session, and to veto bills. Similarly, the Senate shared with the President his power to make appointments, declare war, and ratify treaties. The Supreme Court, by exercising the power of judicial review, asserted its claim to a portion of the legislative function. Congress, too, acted in a judicial capacity in cases of impeachment where the House was empowered to prosecute and the Senate sat in judgment. The President could intervene in the business of the courts through his power of pardon for all offenses except treason.
As portions of each function were distributed among different agencies, the Separation of Powers was really attended to result in a system of checks and balance. The system of checks and balances had two obvious results. First, and ordinarily, unless the members of the three branches of government saw eye to eye and cooperated harmoniously, none of the principal functions of government could be adequately performed Second and conversely, if any department or pair of departments ventured to exceed their constitutional authority, they could be restrained by the refusal of a third to contrive. In this way, the Fathers of the Constitution destroyed the concert of leadership in government which is so prominent a feature of our times. Finer, thus, sums up the theory of Separation of Powers as it has worked in the United States. He says, Legislative procedure has come to differ essentially from that in Britain and France financial procedure is worlds apart there is no coordination of political energy or responsibility but each branch has its own derivation and its morsel of responsibility. All is designed to check the majority, and the end is achieved. At what cost, the cost cannot be measured in terms of dollars. With powers divided between the executive and legislative departments without any means of proper coordination, there is always inordinate delay to arrive at an agreement even on pressing matters which demand expeditious disposal. One branch of government may be operating on one policy whereas the other may follow quite a different one, particularly, when the executive belongs to one party and the Congressional majority to another. Some Presidents have, no doubt, succeeded in bridging the gap separating them from the legislature. But while an emergency may bring, says Zink, temporary coordination and the use of patronage can usually be counted upon to pave the way to some action, the National government is still torn to parts by the provision which the framers made for separation of powers.
Evaluation Of The Theory of the separation of powers:
The Theory Restated. Much has been said about the theory of the Separation of Powers.But what kind of Separation of Powers is needed ? Here much of the clarity rs obscured by the use of the ambiguous term power. The government has certain functions to perform in order to serve the purpose of the State. If functions are taken as powers, then the idea of service entirely disappears and the organs of government become invested with power Wherever there rs power there is force. A government having its foundation on power becomes an engine of force. The use of the term power is most unfortunate and accordingly, the cause of so much confusion. The doctrine of Separation of Powers is itself a protest against power and its meaning can be better analyses and appreciated, if we drop the reference to powers and substitute for it functions of the organs or branches of government. A branch is an organization of agencies with their personnel. The services they undertake are their functions. The functions of the government are legislative (rule making), executive (rule application), and judicial (rule adjudication).
Accepting this as the criterion of our distinction, the doctrine of Separation of Powers can be restated in the following manner, The activities of government group themselves into three divisions.
These divisions are not a matter of theory, but it is a practical fact associated with the character of the functions themselves. it is one thing to legislate another to administer, and a third to judge. By assigning each of time functions to different branches of government composed of separate personnel and following their own mode of action, separation is obtained. Such a statement transfers the doctrine from the realm of theory to that of political fact.
Absolute Separation Impossible:
But it does not mean absolute separation. Separation of Powers, according to Barker, must certainly mean a distinct mode of action. Each organ of government has its own distinctive mode of action. The legislative mode is deliberate and deliberative, the judicial mode is critical rather than deliberative and the executive mode is a rapid determination of decisions and instructions in order to give effect to legislative ,and judicial modes. In a word, as Barker says, we shall find three organs corresponding to the three different modes of action, but we may find one of the organs so absolutely specialized in its mode of action, or so entirely separate in its province, that it cannot also act in the mode and enter the province of others. Madison correctly explained the doctrine of Separation of Powers when he said. The powers properly belonging to one department ought not to be directly administered by either of the other departments. It is equally evident that neither of them ought to possess, directly or indirectly, an over ruling influence over the other in the administration of their respective powers. The premise of Federalist Paper 47, which is essentially concerned with the political theory of federalism is that any person or body of persons possessing power may be tempted to abuse it unless controlled, and that power can be checked by power. The Separation of Powers attempts to create a balance among the competing units.
The State is an organic unity and the various departments of its machinery are interconnected. By the nature of their functions, they cannot be divided into water tight compartments. The government must always be viewed as a whole, and its organs, though distinct, must work in unison in order to be useful and effective in serving the purposes for which they have been created. The real problem, according to MacIver, is so to articulate these that responsibility shall not be divorced from efficiency. The functions of government are divided ,into different departments so that each department does its job to the host of its efficiency and with due regard to its responsibility. Efficiency demands expert knowledge of the problems which face a country and responsibility means the diversion of that knowledge towards those channels which are responsive to the needs of the people. This is the first principle of democracy. The Separation of Powers is, accordingly, needed for proper articulation and not for the division of organs of government into water tight compartments. To put it in the language of Almond and Powell the theory of Separation of Powers is per eminentlya functional theory, Among its central concerns are the nature of legislative, executive and judicial power the question of how best to maintain their separateness, the values resulting from such separation and the problem of how best to mesh these separate institutions of government with the structure of society.
There cannot be any isolation or disharmony between the different departments of government. Isolation is not the essence of the doctrine and Montesquieu never suggested it. Each department performs some functions which actually do not belong to it. In fact, in all modern systems, institutions exercise overlapping functions of some kind or provision is made for some degree of cooperation between the different organs and branches to perform the work of government The legislative department is not wholly and solely confined to the legislative mode of action, although it is primarily and mainly concerned with that mode.
There is a judicial organ primarily and mainly concerned with the judicial mode of action, but not necessarily confined to that mode. There is similarly,an executive organ which may be concerned with other modes of action besides the executive. A judge, for example, makes a new law when he gives a decision on a point covered by law or in which there does not exist a precedent. Here is a case in which the judicial and legislative functions combine as a result of natural process. Again, the executive everywhere possesses the power of issuing ordinances and proclamations. This is a device of practical utility, but it has to be admitted that ordinances and proclamations are a formidable substitute for legislation. The executive is a legislature in another sense too. It suggests and guides the process of law making by the legislative organ. It does sounder the American system of division of functions between the President and Congress and it does so even more under Cabinet system such as the British and the Indian. The legislature, too, performs various executive functions.
In a parliamentary government it creates the real executive, retains it in office and controls its functions. In the Presidential system, as obtainable in the United States, the Senate has a share in making appointments and ratifying treaties. Executive and legislative departments perform judicial functions too. The Chief Executive head of the State everywhere possesses the power of pardon The House of Lords rs the highest Court of Appeal in Britain. The Senate in the United States acts as a court of impeachment.
There is no Separation of Powers in Britain as Montesquieu is claimed to have understood. He had in his mind a longing for liberty against the autocratic powers of Kings and princes. Britain presented to him a sharp contrast with the conditions prevailing in his own country. Without forming a real idea of the actual working of a democratic government, more so a responsible, he concluded that liberty can be secured only by a mechanical check of one department over the other. For him this was above all else a practical recipe for political liberty. But Montesquieu wrote at a time when institutional cheeks appeared to be the only feasible ones. The value of the doctrine by dispersing functions among different political institutions is that it attempts to provide a limit to political power and a brake on action by constitutional devices. Power must be limited if liberty is to exist, for unchecked power is as dangerous as the unity of temporal and spiritual powers This is precisely what Montesquieu enunciated.
All Departments not Coordinate:
The traditional analysis of the do doctrine of Separation of Powers takes for granted that the three wings of government are coordinate or equal. But this is not precisely so With the growth of democracy the executive has been reduced to a subordinate position. The legislature is really the regulator of administration. By its control over the finances of the country it limits and controls the executive, howsoever theoretically independent the executive may be In a Cabinet system of government the subjection of the executive to the legislature at every step is undisputable The judiciary, too, is obviously subordinate to the legislature, although its independence is the most coveted maxim of democracy.
It does not, however, mean that legislature is not subject to any kind of check. The bounds of the sovereign legislature are many and various. In the first place, legislature is bound by moral and ethical codes. All proposals for law are assayed on the touchstone of practical utility and moral considerations. No parliament can pass laws which are against the facts of nature or are against the established codes of public or private morality. Secondly, the legislature, like the whole of government, is limited both by the purpose it fulfills and the mode of action it follows. The most important limit on the legislature is the limit imposed by the development and activity of political parties. There is, what has been described as, a parliamentary forbearance. The minority agrees that the majority should govern, and the majority agrees that the minority must criticism and oppose. Opposition is an effective restraint on the vagaries of the majority party in the legislature. Both the party in office and the Opposition understand the mics of the game and know that at some future date their positions may be reversed. Thus, the concept of Separation of Powers, in its traditional analysis, has been impossible to realize in any complete way.
Totalitarian Objection:
The totalitarians reject the doctrine of Separation of powers from beginning to the end. Separation of Powers is aimed at preventing despotism whereas totalitarianism believes in unity and oneness of power. One of the Communist jurists wrote, The Separation of Powers belongs to a political era in which political unity was reduced to a minimum in the interest of an autonomous bourgeois society. However, national and ethnic unity and oneness demand that all political powers be gathered in the hand of one leader. The Communists reject the doctrine outright as it is bourgeois principle. Vyshinsky wrote, From top to bottom the Soviet social order is penetrated by the single general spirit of the oneness of authority of the toilers. The programme of the All Union Communist Party rejects the bourgeois principle of Separation of Powers. Soviet writers argued that Montesquieu developed the theory as a means of limiting the absolute powers of the Kings of France. In the Soviet Union there was no class conflict and hence there was no need to limit one branch of government by another. All organs of government had to work in the same interest.
What the Doctrine Means Today:
The modern democratic view does not accept the traditional analysis of the doctrine of Separation of Powers. It is explained that Montesquieu's views were the product of an era which looked upon government itself as something inherently dangerous and possibly despotic. That government was deemed best which governed least as it existed to protect and restrain, not to foster and promote. But today, even the most conservative person is unable to think of government in purely passive terms. The intensive integration and complexity modem industrial society, and the accepted concept of a Welfare State demand more and more action and Services from the government. All this needs planning the life and resources of the nation.
The Welfare State tends to concentrate power on the executive level and consequently, it means ascendancy of the executive over the legislative branch. Locke had conceived of the relation between the three powers in terms of legislative supremacy. Montesquieu and Madison preferred to see an equilibrium between the three coordinate branches But such a division now seems outmoded for all practical purposes as it is incapable of guaranteeing the services which the government is expected to render. Flaming and active service cannot be the work of separate branch of government which cancel each other out. Planning must be unified. Fusion and not rigid separation of functions is required. Thus, moulds are broken in which the thoughts of Locke, Montesquieu and Madison were cast and their contents have spilled together.
The ascendancy of the executive and the blurring of the traditional division of functions have been influenced by two other important tendencies. One is the organization of the career civil service and the second is the emergence of political parties with their nationwide organizations. Political parties unite what one may try to separate The development of the executive, therefore, into what may be called a multi functioning organ, is one of the most notable features of a modem government. To put it in the words of Barker, If the growth of the legislative organ, in consequence of the development of the cabinet.system, was the notable feature of the eighteenth century, it may be said that the growth of the executive organ in consequence of the extension of rights and the corresponding extension of services which mostly fall to the lot of the executive, is the notable feature of the twentieth. Today, the executive is not only an executive, it is also, at the same time a legislature it exercises a judicial jurisdiction too. Administration and adjudication no longer seem as different as they had once appeared.
The core of the modern problem of government is to find a synthesis combining the answer to tum needs the need for the Welfare State and the need for The Welfare State, as said before, means concentration of power on the executive level and, accordingly, the ascendancy of the executive over the legislative branch. This tendency seems to be an alarming development to many. It is, undoubtedly, alarming unless controlling and balancing devices are properly developed to keep pace with the ever changing face of the executive power. The doctrine of Separation of Powers has become important today than perhaps at any other time.
One of the checks on the executive is the system of judicial review. Montesquieu himself was particularly interested in the judicial power as check over and arbiter between the other two branches. This concept is more clearly realized in the United States, India and some. Commonwealth countries. The idea of an independent and coequal judicial branch also spread to Germany (Bonn) and Austria. In France and Italy the supreme administrative court, the Council of States in the former, applies the most effective check on the executive power, although it is nominally part thereof.
The balance between executive and legislative branches is a legal question primarily in countries with the Presidential system of government. There the Constitution prescribes, the rights of both as well as their limitations The emergence of political parties in the United States, it is suggested, has tended to redistribute the authority divided by the Constitution and have obliterated the doctrine of Separation of Powers to a considerable Extent Carl Friedrich, however, is of the view that emergence of the political parties does not obliterate the Separation of Powers but it certainly softens it.
At the same time the alteration of two parties itself constitutes a regularized restraint which consequently reduces the need for rigid separation. But under a parliamentary system the principal check is the existence of political parties and the development of the constitutional custom of party alteration There is also the impartial judiciary. Then, the elected representatives debate and propose in Harington's phrase, while the electorate resolves through general elections the party to form the government and the one to constitute the Opposition. By this process is effectively preserved the basic conception of balance and counterpoise
Barker suggests another check. He accepts the bare truth of our times that the executive is a mum functioning organ, but he emphasizes that when the executive performs legislative and judicial functions let it employ the mode of action relevant to that department. For example, if the executive exercises judicial functions let it adopt the proper and peculiar mode of judicial action, i.e., it must accept the procedure of public hearing, summoning witnesses and recording of evidence according to the rules of evidence. It must publish its decisions and it must also admit, if it possibly can, the possibility of appeal.
The need is, therefore, for union as well as separation. Democratic government demands that a synthesis be found between the Separation of Powers, and the possibility of concerted government action. The first is obtained by continuing with the separate organs of government. It is intrinsically good to do so, for it sets a limit of jurisdiction over the functions of each organ. Each organ establishes its own distinctive mode of action with its own distinctive technique. But it does not mean that separation of functions prevents leadership. Too much separation destroys responsibility, immobilizes action and ultimately destroys free government. Without leadership there would soon be a constitutional crisis and possibilities of the rise of dictatorship. But it is essential to temper leadership by imposing limitations upon it. The real limitations are those which make the government responsible to the people, that is, it must answer to the people for its policies and if its answers are not satisfactory to the people, they should have the means to replace it. It can be ensured further by the presence of an independent and impartial judiciary, the guardian of the rights of the people. Thus, the Separation of powers is a living force in all democratic countries as a check to irresponsible power.
In the context of what has been said above the theory of Separation of Powers now rests upon broader grounds than suggested by the limited doctrine of Locke and Montesquieu. It reconciles theory with practice and thereby establishes harmony between division and concentration of powers to maintain the safety of the political order as a whole. It, stands for an effective system of divided powers as contained in the classical doctrine and considers it sound, but holds that there is nothing sacrosanct about it. It appreciates the difficulties resulting from divided powers and considers them great, but it also realizes that the consequences of concentrating power are really disastrous.
This has given rise to a new theory of divided powers a scheme suitable, on the whole, to the needs of an industrial society. The advocates of this new theory point out that the classical doctrine of Separation of Posters has an implicit double meaning on the one hand it contains a generalization, theory or hypothesis on the other hand it contains a practical suggestion, a proposal for the organization of government in the interest of individual liberty. The idea that there are three major types of governmental power seems to them a valid generalization and one in accord with the Operations of the human mind. They agree with Immanuel Kant that this distinction of powers corresponds to the pattern of a practical syllogism, divided as syllogism into the major premise, the minor premise, and the consequent. The resemblance of the distinctions underlying the separation of powers and the pattern of a syllogism is due to the fact that commands imply decisions, and decisions in turn imply judgments.
Power means, inter Alia, that a person or group possesses the ability to command and the ability to command involves the ability to decide, whenever there is a choice between several alternatives. Power, therefore, admits of commanding and deciding. Specific decisions and commands are the realm of executive power, general decisions and commands fall within the sphere of legislative power. The latter is for that reason often called the rule making power. Similarly, the executive power may be called measure taking or rule application. The judicial power apparently stands between the two, for it transforms a, general into a specific decision. When a general command has been given, or a general decision made, that is, the rule has been established, there still remains the further decision involved in adjudicating the rule. The judicial power makes a specific decision by applying the rule. The decision made is not a command. It is for this reason that the pronouncements of the courts, while adjudicating, are described as decisions and the whole process as rule. That is, the specific decision is rendered while applying rules.
But the advocates of the new theory of divided powers contend that most of the time the government functionaries are their own judges. Whenever they decide to do or not to do something because the law demands or forbids it, they apply that law by subsuming the particular situation with which we are confronted under the established legal rules. Ordinarily, it is only the doubtful and controversial points of law which are brought before the courts. Majority pf them are decided by various commissions and tribunals with which an industrial society is honeycombed today. The decisions of these commissions and tribunals are administrative in their nature and not in strict accord with the classical theory of the Separation of Powers Those who criticize the new theory of divided powers seldom appreciate the practical aspect of the functions of government and the task which it has to undertake. Administrative tribunals and commissions have taken deep roots in almost all countries and, in some, such tribunals carry a constitutional sanctity, as in India. The only point which need be emphasized is that these commissions and tribunals should adopt the mode of judicial action as Barker suggested.
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Theory Of Separation Of Powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws
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Lin Weiss is a Holistic Health Practitioner, Energy Healer, Homeopath, Medical Intuitive, Mind/Body Master, Life Enhancement Coach, Educator, Medium, Mystic and Spiritual Guide in private practice in Houston, Texas.
Compassionate care combined with nature's ways can afford wellness, comfort, hope and healing.
adj. Of or relating to holism.
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I believe the time I have spent with Lin Weiss will have a long-term impact on my life. Her insights and direction have helped me more than any doctor and more than any time I've spent listening to a motivational speaker.


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Whitaker Historic Photography: Richard Pryor Stuns Muhammad Ali
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Uttar Pradesh Chief Minister Yogi Adityanath and Union Health Minister J P Nadda conduct an inspection of the BRD Medical College in Gorakhpur on Sunday.
The parents of a baby girl who died at the Gorakhpur hospital - where 63 children died over the last five days - have contradicted the government's claim that the oxygen problem was a one-time occurrence which started on the evening of August 10 and was sorted out by the next morning.
"We will be getting more liquid oxygen cylinders tonight or tomorrow, and have also cleared the dues of the supplier", Mr Kumar said. He said the government has also ordered magisterial probe and the district magistrate of Gorakhpur has also submitted an inquiry report to the state government. "This happened due to state government's carelessness", Azad told media persons outside the hospital.
In an horrific incident that took place in Gorakhpur's Baba Raghav Das Medical College hospital on 11 August, 63 children died due to alleged shortage of oxygen.
21 children died due to shortage of supply of liquid oxygen in BRD Medical College, in last 36 hours. The government has denied the charges, saying the children died due to different illnesses, including Japanese encephalitis.
Meanwhile, the owner of a firm which supplied oxygen to the hospital said his contract had ended in March and was not renewed, as per agency reports.
'We saw our baby struggling to breathe and we couldn't do anything, ' Mr Gautam said.
Flanked by Union Minister of State for Health Anupriya Patel and the state Health and Medical Education Ministers at a press conference, Adityanath asserted that stringent action will be taken against those found guilty.
Uttar Pradesh Chief Minister Yogi Adityanath on Saturday dispatched two Cabinet Ministers to the hospital. Adityanath, who had visited the hospital on August 9, said no issue of unpaid bills was brought to his attention and all requests for funds were met promptly.
In an effort to meet medical needs in the region - and ease local tensions - the Indian government has promised to set up a medical center to study and treat ailments affecting children.
JD-U rebel MP Ali Anwar Ansari also condemned Kulaste's statement and demanded Uttar Pradesh Chief Minister Yogi Adityanath over the incident that has shook the nation.


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Young Southpaw, The Man Behind 'At The Movies' Talks About Stuff
Art & Bookspopbollocks September 18, 2018 0
popbollocks caught up with Nashville, TN's Young Southpaw to discuss his debut spoken word recording, At The Movies. A tale full of endless digressions and much mansplaining, the details seem too bizarre at points to not be at least somewhat autobiographical.
Southpaw seems to be telling a story in which he's going back to the bar where he saw a pretty woman the previous week in order to 'maybe try and talk to her'. But over the course of At The Movies 35 minutes we hear about disparate topics as the recurring dreams where he's hanging out with Jean-Paul Sartre in 1941 on the banks of the Seine and at the foot of Tutankhamun's tomb switching to Southpaw offering fragments of culinary-based songs such as 'Cookin' Up Sum Beans' and 'Maceglop', the latter after stating that he believes yogurt should be called 'gloppy stuff' and that Macedonia seems as good a place as any to name as its origin.
There are departures into a hazy time spent with occultist sex magicians during which he insists on pronouncing the poet's name with two syllables "Ye-ats" and a long diatribe after two fourteen-year-old girls call him 'a poseur' for wearing lacrosse shorts. All of this while walking down a seemingly endless road, where he on at least five occasions takes the time to try to explain what exactly a road is but really just equates the sound of the word with the homophonic surnames of Randy, Nick, and Cynthia Rhodes, the Fender Rhodes, and the Colossus of Rhodes, and there's even a nod in the title of track 5, 'The Oxen Are Slow But The Earth Is Patient', to Tom Selleck's 1983 film High Road To China.
No real backstory has been given by Southpaw and with his tendency – almost m.o. – to move off point, the following question seemed as good as any to find out a little more about him:
What is your opinion of Jennifer Lopez?
You got that, that J. Lo, you know…like L.A. Guns' second album 'Cocked & Loaded', you know, they had that song… 'The Ballad of Jayne', about Jayne Mansfield so I guess J. Man, there ya go (laughs). Like uh Jayman, those Jayman Islands down there, I ain't never been but I hear they're nice. You got the beach down there, you know, the sand, runnin' your toes all over it you know…dippin' your feet in the water, actually go can probably go further than just dippin' your feet, prolly real nice to feel the cool water in that hot weather. Or maybe it's warm water, the weather make it all, all hot, heated up you know like a kettle? Different kettle of fish down there, prolly different fish too, prolly real different fish, different parts of the world and all. The world's a big place. I mean I think that L.A. Guns album sold pretty well in Japan. Another J island. I wonder if they wanted to call it Jayman but found the name was already taken, you know registered with the island copyright authorities? Or maybe the other way around cause Japan's been around a long time. I remember when I was real young getting that AD&D book 'Oriental Adventures', that was a long time ago. Bought in a store called Amazing that don't never no exist no more. In fact I can't even remember when it stopped existing or what that property became. And I'm sure Japan was around even before this. But how could L.A. Guns not sell well, they had that 'Rip & Tear' song, you know like 'Love Will Tear Us Apart', 'cept it didn't sound anything like that. Two different bands! But you know Joy Division so you got J. Div. Like uh (thinks for a while) I don't even know what that's like, but then again they were real original, you could tell by the bass sound of Peter Hook, you know. All up high like that, with the chorus on, all melodic bass lines. I like melodic bass lines. I like melodic anything. You know, melodic harmonies. You know you had the O.P.P. "army with harmony", what about the uh…..what could you do with melody? I don't know. But you know the Jayman Islands sound real nice. Or Kay-man islands, I guess that's where everybody goes. K-Man, comes right after J-Man, you know Jayne Mansfield and all. She was in that movie, uh, Kiss Them For Me, you know with Cary Grant and Siouxsie & The Banshees later did that song 'Kiss Them For Me'. They weren't in the film or nothing, heck I don't even think they were born, unless they got that Shadow Time Machine going, first thing you do is go back and write the theme to a film about the U.S. Navy? I don't think so. But then again I'm not Siouxsie & The Banshees. Heck, I'm just one man! I think I saw that movie though. I know I've seen the DVD cover somewhere. I've heard the song, I like the song. But oh yeah yeah yeah yeah yeah! J Lo, she was in that 'Wedding Planner' movie. I never saw that but uh, no wait a minute! I did see that! I sure enough did. It was 'The Wedding Singer' that I've never seen. Which is kinda strange cause you know I really like Adam Sandler, you know 'Billy Madison', 'Happy Gilmore', Happy Madison, that's his production company. Those were real funny films what with the golfing and all, you can prolly golf down in the Kayman Islands. And the Jayman Islands. They got an L-Man Islands? You know like Danny Elfman? It's all soundtracks down there, you know. Or M-Man? But that's just like stutterin', em..em…emman…well no, not really, different sounds. Prolly reads the same cause you got the (a note of surprise enters his voice) M…Eminem! He's got enough money to own an island, I guess. Or you know you put some of those M&Ms on some cake frosting you know (laughing) they look like little islands, you know. You know floating in the….well depends on what color frosting, you got blue frosting it does look like the ocean if you match the tone right. I mean, ocean's just a reflection of the sky, that's why it's blue. (thinks for a second) Or is it the other way around? I never can tell. I don't have time to just sit on my phone every time I see the sky, just Google searchin' it. I mean I guess eventually it'll sink in, well you don't want one of those islands sinkin', you know. That'd be trouble. Like you know with L.A. Guns, I guess they still kept their name but they wouldn't be if they were no basketball team. You know the Washington Bullets hadda go change their name to Wizards. I've never seen a game by the Wizards, it was like some magic bullet blinded me to ever realizin' they were playin'. But you got that Utah Jazz, you know. (mischievous laughter enters his voice) Maybe when L.A. Guns go on tour playin' basketball, maybe when they get to the Great Salt Lake they start syncopatin' all that stuff, you know, go out of the key signature, all crazy notes crazy nights, 'Hollywood Vampires' you know. I mean Hollywood is a part of L.A. so it's a bit confusin'. You never know which is which, which fits inside the other…like tryin' to put a square peg in, inside…inside the 'Muda Triangle. I mean that's close to the Kayman Islands, I think. It's a wonder they haven't gotten lost. I mean L-Man, what about Lost Islands? There's prolly a ton in there, you go into that vortex you know…I mean Danny Elfman's lucky his island survived. You got all that music, you know. Spyro Gyra, you know. Like spiral, you know. I wonder if what takes you away down the 'Muda triangle is some sorta spiraling storm, you know like a hurricane? Like the Carolina Hurricanes, you know. Used to be the Hartford Whalers, only sports team Connecticut ever had. You got the Miami Hurricanes too. Lotsa hurricanes, be careful. Charlotte, no, that's the Hornets. Well I mean 'a hornet in a hurricane' you've heard that expression before I'm sure. Like 'a needle in a haystack' but much more…frenzied. Always go swimmin' with a friend they say. They should tell you to always enter a hurricane with a friend too. Or at least go to a game with one. Never know what can happen. Getting' lost forever down the 'Muda Triangle and never knowin' what happens next on 'Riverdale'. But I guess Danny Elfman was in Oingo Boingo, not Spyro Gyra, so…nevermind.
"At The Movies" by Young Southpaw
HURRY – LISTEN – YOUNG SOUTHPAW
Posted in Art & BooksTagged featured, Young Southpaw


Friends!!! - Please check this event out tomorrow! Denver Grampage!!!
Thanks to everyone who came out last night! We had a great time sharing our sake along side a great movie. If you haven't seen The Birth of Sake you should.
So, we've gotten all our paperwork in and are just waiting for the State and the Feds to get back to us. If all goes to plan we'll be taking our wares to market by the end of the summer. In the meantime, we've been doing some R&D and working on a few new sake ideas.
Another thing our team loves is music. Our friend Sara T (musician, DJ, artist, and entrepreneur) asked our brewer Marc to put together a playlist for her blog. It fits in perfectly for a winter commute and is just in time for Mardi Gras!
2015 is going to be huge!
Happy New Year everyone! Hope your holidays went well! Well after a few days of rest, we're back on the grind. We're filtering the Queen City of the Plains, starting the newest batch of Ledville Snow Queen, and finalizing the new recipe for Old Mose. We're hitting 2015 hard and fast. We're also hitting the legal ground running! If all goes as planned you should start seeing our sakes in a couple of bars and restaurants around Denver by late spring. We will keep you in the loop as more news comes down the wire.
2014 had lots of setbacks for us, but they also taught us a lot about ourselves and the industry we are breaking into. We met a lot of great people along the way that helped shape the direction of things to come and we are really excited about where 2015 is going to take us.
Thanks to all of you who have stuck with us along the way! 2015 is going to be huge!
Today we spent a lovely day in the mountains harvesting snow to make our latest batch of the LSQ. We were joined by our good friends Lenny, Lexi, Sean, and Kay. The weather was great and the snow was plenty. After finding a great spot we collected a 24 gallon bucket of snow, then we're treated to the best bbq at Chicken Hill BBQ. This is always one of our favorite part of the brewing season and we're looking forward to what kind of water this snow makes. Its always a gamble, but it makes some damn good sake.


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Home / Technology / & # 39; A New Game from Minecraft. It will be a co-operative action
& # 39; A New Game from Minecraft. It will be a co-operative action
Jane Austen Technology
Get ready for the labyrinth full of enemies, treasures and new equipment.
This year's MineCon event launched a new game of Minecraftu's world. It will be Minecraft: Dungeons, which add a slightly different genre to the well-known brand.
It will be a co-operative action for one to four players, with the task of passing a square labyrinth of different enemies, skins, but also treasures and new equipment. There is no information about the announcement:
The game itself does not yet know much about it.
Also see the latest version of the Live Game:
Minecraft: Dungeons have to come to computers in the coming year
See also the latest version of the Live Game:
Dota 2 in the CS CS: GO
It's been 50 years since the arrival of the man on the moon
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Horror at Halloween: Luigi's Mansion 3 replaces Ende October in trade
How much does the phone cost from gold?


Cats love to sink their nails into objects to mark their domain, stretch their muscles, sharpen those claws and to relieve stress - why take that away from them? Rather spoil them with a piece of scratching furniture they can call their own.
The TeePee Cat Scratcher from Pawz to Clawz is environmentally friendly, recyclable and made from highly durable and corrugated cardboard. This cat scratcher comes with a pack of glorious catnip - your cat won't be able to resist OR share this spectacular product for hours on end.


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On five D, Regehr being "day-to-day" and Williams
Jon Rosen November 8, 2014 42 Comments
InjuriesLineup ChangesMorning Skate NotesMorning Skate Quotes
Regarding Robyn Regehr, who left Friday's practice early and was deemed "questionable" for tonight's game, Darryl Sutter declined to specify on the location of the injury but noted that the veteran Kings defenseman is "day-to-day."
"If Robyn can't go, then we go with five D. It's fairly well documented," he said.
While Matt Greene couldn't recall a time a team of his opened the game with five defensemen, he referenced a particularly important Kings win in which the team played shorthanded defensively for roughly 60 minutes.
"I think the last time we had big minutes like this was Game 1 against Anaheim in the playoffs," Greene said, acknowledging the team's 3-2 overtime win. "I think Reg got banged up pretty quick and then a lot of guys played a lot of minutes. But it happens. You just have to go through what we can play here and that's it."
While Drew Doughty appears to be a target for another heavy workload should Regehr miss tonight's game – "We haven't seen him where he runs out of steam, Greene said – it's also the versatile Alec Martinez who should see an uptick in his usage against the Canucks.
"My preparation stays the same. I can play both left and right," Martinez said. "I was doing that a bit in the preseason, too, going back-and-forth, shift-by-shift. You've got to be able to play a game on both sides."
Still, Doughty has cracked the 30 minute plateau three times in the last five games and ranks second in the league with a 28:10 time on ice average. He was excellent in logging a season-high 31:46 during Tuesday's win in Dallas and followed that up with nearly 30 and a half minutes in a shootout loss against the New York Islanders on Thursday.
"Well, he's played a lot already with the situation that we have here," Sutter said. "Is it ideal? No."
Darryl Sutter wouldn't confirm that Justin Williams would re-enter the lineup. The reigning Conn Smythe Trophy winner missed Thursday's game with a cut on his eyelid sustained on a high stick by Stars forward Brenden Dillon on Tuesday. Williams said that he'd "hopefully" be in for Saturday's game when speaking with reporters yesterday based on conversations he planned on having with Sutter.
"You know, obviously, again, going back to the way our injuries are, we'll put everybody in the lineup and decide then," Sutter said. "It's no 'cut-and-dry.' Literally, it is 'game-time.'"
Matt Greene, on preparing for a game in which the team may use five defensemen:
Same way. I think all of us have played together before. I think Marty gets affected the most. He's got to jump back and forth sides, but he's done it before and he can do it again. Just be ready to play more in certain situations and be ready to go.
Greene, on whether the Kings' early season has been mentally challenging:
Not really. I think you ask anybody these forwards when we're only dressing 11, I think they enjoy it. If you can play a little bit more, you always kind of embrace that challenge. You've just got to play with the hand you're dealt and this is what it is for tonight, and just go with it.
Greene, on Drew Doughty welcoming extra minutes:
Dewey plays a lot of minutes and it doesn't really seem to affect him. You haven't seen him run out of steam. So he'll be getting a lot of minutes tonight and it'll be fun to watch.
InjuriesJustin WilliamsLineup NotesMorning Skate quotesRobyn RegehrVancouver Canucks
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Once Upon a Time Sneak Peek: Season 5 Episode 6 "The Bear and the Bow"
By Patty Gopez
On Sunday's all-new episode of Once Upon a Time season 5 episode 6, "The Bear and the Bow," a chance encounter with Merlin, David (Josh Dallas), Hook (Colin O'Donoghue) and Belle (Emilie de Ravin) gives Merida new hope in her quest to save her brothers from the usurping clans of DunBroch in a Camelot flashback. Unwilling to leave anything up to fate, Merida brings Belle along on a dangerous journey that culminates with an invaluable lesson in bravery.
In the sneak peek clip below, Merlin and the heroes sneak into Arthur's castle to save Lancelot and end up finding Merida there also. With Belle's help, Merlin breaks them out using magic. Watch this sneak peek spoiler and tune in SUNDAY, NOV 1 8|7c.
In Storybrooke, Regina (Lana Parrilla), Mary Margaret (Ginnifer Goodwin) and David discover the spell that would allow one of Merlin's chosen to communicate with him, but when Arthur fails to reach the missing sorcerer the heroes grow suspicious. Meanwhile, Emma (Jennifer Morrison) commands Merida to kill Belle in hopes of forcing Mr. Gold's (Robert Carlyle) heroic transformation, with Merida unable to disobey Emma's orders.
RELATED: Once Upon a Time Sneak Peeks/Spoilers
Need to catch up on last week's episode? Read the recap of "Dreamcatcher" here!


I guess you could say this shot is on the edge twice - it is on the edge of the longest suspension bridge in Germany, which is on the edge of the two sides of a deep gorge in the Palatinate. About 1,000 feet across and 300 feet above the treetops below.
Is it a truck? Is it a scooter? Is it a trike? Is it an ATV? UTV? Whatever the heck it is, it is the worst one ever. While I was hiking I met this guy who has a little garden-slash-hunting compound up on a hilltop and he drives this one-seater 1950's contraption up the trails from the village below a couple times each week. The bed isn't much bigger than a wheelbarrow and he can't drive it on roads because it only goes about 15 mph.
By the first of November, most of the flowers have given up around here and most of the bees have either gone south or gone to bee heaven or whatever they do when it's time to call it a season. I don't know my flowers or my bees, so I have no idea what kind these two stubborn bastards are but they apparently decided to hang on together long enough for me to get this photo before the snow buries them.
Not much to say about this photo - it is a wind turbine on a ridge in Rheinland-Pfalz, one of several dozens that would have been visible from any other vantage point. Probably the most interesting thing about the shot is that there is a blue sky in Germany - that is pretty rare stuff.
Well, you know what they say - buffalo boys will be buffalo boys. These two young bulls were doing a little head-butting over a feed block on a nearby nature preserve and it made for an action shot opportunity you don't get every day.
I went for a walk in a large city center to shoot some architecture and quite by accident I found this instead - a very large and very beautiful cemetery. There were many visitors like this man - coming to relive memories with the love of his life in peace and quiet. It was an oddly uplifting place - more like a park, really - I am glad that I found it.
Is there anything more serene in nature than a rainbow after a violent thunderstorm? In fact there is - there is a double rainbow, twice as serene. How about a serene double rainbow over a serene golf course? That's serene to the 3rd power. And a double rainbow over the golf course two days after a hurricane came through and made a mess of things all over? Epic serenity, right there.
Sometimes you are the gecko and sometimes you are the ants. My advice - be a gecko.
Well, duh... the theme said the color purple, so I found something purple and took a shot of it.
Who doesn't like fireworks? Little kids, old people, men, women, city people, rednecks, cowboys, sophisticates, millionaires, junkies, goodie two-shoes and naughty boys who drive across three states to get the good stuff that is against the law in places where the bed-wetters write the rules. Well, guess what - nobody goes "ooh" and aahhhh" over those stupid rules and nobody ever threw a parade or wrote a song to celebrate the people who wrote 'em, sparklers are for chumps. So even though the legal displays put on by towns and cities on July 4th might be bigger and more impressive, I like the little ones out in the boonies where some pirate took a little risk to remind us of what we all want to be independent from - somebody else's stupid rules.
Everyone knows I love waterfalls, and that I love to photograph the ones near our summer home - all of the rivers start in cedar swamps and cascade over the granite they have carved over millennia on their way to Lake Superior. There are no crowds and no guard rails; the paths lead you to the rock formations and you crawl around until you find your shot. In the spring, the snow runoff makes for thunderous flood-stage fury, but I like the late summer low-flow times. The water zigs and zags and forms small rivulets that make for quieter contemplation and better photographs.
For the past three years I have done the 52-week challenge themes in order, even though it is not required. This year I decided to unburden myself of all that unbearable pressure...hehehehehe.
This photo probably would not win a ribbon in any contest - the composition is unbalanced, it is too dark on the right and too bright in the upper left corner, the editing is choppy where I tried to take out the sun flares, and I should have taken the shot at a different time of day when the lightning was better.
But it is one my favorites because it salvages the best of what was available. It was the only day and time of day I could take the shot. I had to climb down a steep bank to get the composition angle I did get and darn near broke a leg doing that. I had to learn two new Photoshop techniques to take out the sun flares, and ended up with a black and white rendition to make up for the awful shadows against the colors in the the sunlight.
So despite its flaws, it is a memorable photo because by rights it should have been just god-awful and deleted, but it turned out ok. I love waterfalls - they are very difficult to shoot well and the time that takes to set up the shots forces me to be fully engaged with the most beautiful thing in nature for an hour or two. My 8th grade art teacher said art was 90% seeing and 10% doing. I am am starting to figure out what he meant.
There aren't too many places where you can shoot a waterfalls from underneath or behind, but the LaSalle Canyon in Illinois is one of them. The trick is to get up early and get your shot before half of Chicago shows up to swarm the place and take the obligatory nature selfies.
Taken las September at our lake place in northern Wisconsin. Northern lights and cloud flares through the big dipper from down on the shore after midnight. It is not a great technical image, but it captures the moment - perfectly still and quiet with a fantastic color light show over the water.
I am not a "car guy"; really don't care that much what I drive as long as it gets me from here to there. But a couple of years ago, I joined some of our photography club members at a car show and discovered how much fun it is to capture the distinctive features and rich colors of the cars from the late 40's to the early 70's. There was rolling art in the garage back then, I just did not appreciate it at the time.
I used to stop the action with a 12-gauge pump, but those days are in the rear-view mirror and it is just as much fun to bag 'em with a camera - a bit harder to do, actually. The only thing I miss is the dog - nothing like a day in the woods up north with a bird dog doing what it was born to do. Bliss.
#35 - Starts With A "C"
My dad did not believe in borrowing money - he saved and paid cash. The first brand-new car he bought was a 1965 Chevrolet (starts with a C, get it?) Biscayne when he was 41 years old. He was a practical guy and always described his choice of the Biscayne over the top of the line Impala as "I won't pay $400 bucks for an extra taillight." The Impala model in that era had three taillights and the Biscayne had two. I think of him saying that every time I see an Impala with its distinctive 3-light tail.
Here are two things with wings - do I get extra bonus points?
This sign was hanging over the doorway of a shop in St. Thomas. I did not go inside, so I do not know if Zora's sandals are works of art or if he is a starving artist who makes sandals on the side to keep bread on the table.
I am learning how to use the speedlight, so be gentle - shot this at a car show in downtown Lakewood Ranch with off camera flash and think it turned out ok for a handheld after dark. I wish I brought my tripod, but didn't plan to stay that long.
I don't do much macro shooting, but I took this shot of the stigma (I think) with a wide open aperture and got a nice color bokeh effect from the petals to set off the small area in focus.
Oh, man - we got lines and patterns and reflections of lines and patterns and stuff going on all over the place in this photo. Do I get extra credit?
While visiting Vancouver, I took a little walk in the area around our hotel and I happened upon this quirky vintage bicycle front frame with some winter-killed flowers on it. It doesn't get much quirkier than this.
How do you prohibit people putting money into defunct pay phones in the cellular age? Cut off the handset.
The Caribbean island of St. Kitts does not have a lot to offer to the photographer on shore leave from a cruise ship for the day. If you like to shoot people...check that, photograph people...there are many interesting street people and hustlers to be found in the tourist zone. But if you ignore the passed-out drunks and walk a ways past the t-shirt shops and rum bars, you will find this gorgeous stone church.
Oh, this is so wrong - completely out of bounds. Utterly tasteless. Juvenile.
This is a stack of three duplicate photos with varying degrees of focus, blur, and saturation to simulate the Orton Effect in film developing. I think it gives a 3D feel to the image.
what is more ordinary than eyeglasses on a car seat?
The hills give it away - this photo was taken in northern Wisconsin where we have plenty of space, not in Florida, where they call in a silver alert if you stand in the middle of the road to take a photo. Nobody stuck in stop-and-go traffic on I-75 with the other last minute Christmas shoppers, arriving snowbirds, and first wave of visiting relatives would call this much space "negative" - more like heaven on earth. Merry Christmas!
"Splash!" was - I guess - a movie from the 80's about a regular mermaid, and it is being remade - I guess- with Channing Tatum as a guy mermaid. I didn't see the first one and have no interest in seeing the remake, but I had this photo with a splash and I have no idea if that is a boy duck or girl duck doing the splashing, so....close enough.
I picked up photography a few years ago and started out with a super-zoom bridge camera and discovered i like taking close-up images of flowers with it. When I joined LWRDPC I learned how to take photos of other things, but I still like flower closeups that fill the frame, too. Being too cheap to buy an expensive macro lens for my full-frame Sony, I pull out the old Canon super-zoom and bang away with the lens extended out to to 1200 mm equivalent. Not macro; make-do.
I was looking up as I took this photo of the window washers looking up at the lifeboats. One of those things should count for this theme.
"Take these broken wings and learn to fly". I didn't really like that song much, but the lyric pops into my head very often when I see the Great Blue Heron lift off. They have an orange patch on their elbows that look at first like glance like a broken wing with dried blood. This guy just got done eating a very large bass and it must have weighed him down - he struggled to gain altitude, but it gave me a nice series of reflection shots.
Don't you just hate it when some guy has a ridiculous comb over and the wind blows it off the side of his head? Yeah, well YOU tell him he looks like a dork; I'm not going to tell him!
This little guy was cozy and comfortable in a sunny side bank of the 4th tee at Stoneybrook Golf Course. Wasn't bothered by the golfers teeing off about 20 feet from his spot in the grass and they did not seem to notice him either.
Here's the other rule of thirds: as soon as the third one craps out, we shoot up the pile of them. Admit it - you have wanted to put a few rounds into your laptop more than a few times, especially when it locks up at the most inopportune moment and hours of work go down the drain. And yes, it was tons of fun.
This old ore car at the Quincy mine was once straight, square, plumb, and stout. A few decades of work and then a few more put out to pasture (literally) have left it bent and twisted, rusted and rotting; ignored and alone with its memories of the days when it carried a whole region's prosperity on its axles. Unlike the rest of us bent and twisted relics, it can't go to Florida before the snow comes, so the moral of the story is its better to be an old man that an ore car. Or something.
To see an aurora in summer, you need a combination of solar winds, no moon, clear skies, location, and luck. Two hours of sitting on the shore catching some faint glow on the horizon was rewarded with a bright flare and a shooting star going through the big dipper. And then it was over - just like the big finish of fireworks when they save the best for last.
I actually was an art major in college...until I ran out of classes that started after 10:00 AM. Then I switched to psychology but did not finish that either - abnormal psych started at 8:00 AM, and some days the previous night's abnormalities weren't even over with by then. We had a meeting in which it was decided that it would best for everybody if I would complete my undergraduate studies "at any institution other than this one", so don't get your hopes up, ok?
I took this photo of a flowering weed at the edge of a beaver pond the other day and ran it though an infrared filter to give it some artsy fartsy pretensions. Damn thing thinks it is one of the Queen's roses now, but it is more interesting this way.


News 10 is reporting that Waco home burned down early Friday morning.
First responders reported to a home on South 8th street on Valley Mills in Waco after a house caught fire around 4 a.m. Friday morning.
When the firefighters from Valley Mills and Clifton arrived, the home was already completely engulfed in flames.
KWTX said, "Neighbors were able to go help crews and the family. The couple and their two dogs were able to escape unharmed. Witnesses say the couple is renting and had just moved in this past weekend. The home is a total loss. The family cars in the driveway were saved but that was it according to neighbors. The cause of the fire will be determined after hot spots are put out."
Police have not yet released the home owner's names to the local media.


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NGC 3563A - Lenticular Galaxy in Leo
NGC 3563A is a Lenticular Galaxy in the Leo constellation. NGC 3563A is situated north of the celestial equator and, as such, it is more easily visible from the northern hemisphere.
Object Name NGC 3563A
NGC 3563A is below the horizon from Greenwich, United Kingdom [change]. See also rise and set times.
Given its B magnitude of 14.6, NGC 3563A is visible with the help of a telescope havng an aperture of 20 inches (500mm) or more.
Available Resources for NGC 3563A - Lenticular Galaxy in Leo
Photometric information of NGC 3563A
Apparent size of NGC 3563A
Digitized Sky Survey image of NGC 3563A
NGC 3563A morphological classification.
Celestial coordinates and finder charts of NGC 3563A.
Rise ans set times of NGC 3563A from your location.
The following table lists the magnitude of NGC 3563A in different bands of the electomagnetic spectrum (when available), from the B band (445nm wavelength, corresponding to the Blue color), to the V band ( 551nm wavelength, corresponding to Green/Yellow color), to the J, H, K bands (corresponding to 1220nm, 1630nm, 2190nm wavelengths respectively, which are colors not visible to the human eye).
The surface brightess reported below is an indication of the brightness per unit of angular area of NGC 3563A.
The following table reports NGC 3563A apparent angular size. The green area displayed on top of the DSS2 image of NGC 3563A is a visual representation of it.
Minor Angular Size 0.5 arcmin
Position Angle 41°
The image below is a photograph of NGC 3563A from the Digitized Sky Survey 2 (DSS2 - see the credits section) taken in the red channel. The area of sky represented in the image is 0.5x0.5 degrees (30x30 arcmins).
DSS2 image of NGC 3563A in the Red band. The green region on the image is a representation of the major (0.58 arcmin) and minor (0.5 arcmin) axes of the object's apparent size.
NGC 3563A - Lenticular Galaxy in Leo morphological classification
NGC 3563A - Lenticular Galaxy in Leo is classified as Lenticular (S0-Aa) according to the Hubble and de Vaucouleurs galaxy morphological classification. The diagram below shows a visual representation of the position of NGC 3563A - Lenticular Galaxy in Leo in the Hubble de Vaucouleurs sequence.
Visualization of the morphological classification of NGC 3563A - Lenticular Galaxy in Leo, Lenticular (S0-Aa).
Celestial coordinates and finder chart of NGC 3563A
Celestial coordinates for the J2000 equinox of NGC 3563A are provided in the following table:
The simplified sky charts below show the position of NGC 3563A in the sky. The first chart has a field of view of 60° while the second one has a field of view of 10°.
Simplified finder chart for NGC 3563A - Lenticular Galaxy in Leo.
Rise ans set times of NGC 3563A from your location
Today's NGC 3563A - Lenticular Galaxy in Leo rise, transit and set times from Greenwich, United Kingdom [change] are the following (all times relative to the local timezone Europe/London):
RIGHT NOW NGC 3563A - Lenticular Galaxy in Leo is below the horizon from Greenwich, United Kingdom


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