James Wilson: President, Attorney

Born in 1742, James Wilson was educated at some of the finest universities in Scotland. He immigrated to the British colonies, studied law, and became an attorney by 1767. He signed the Declaration of Independence and spoke in favor of separation of powers at the 1787 Constitutional Convention. He made more speeches than most of the other delegates and signed the document. A Pennsylvanian and a federalist, he later became an associate justice on the Supreme Court.

Wilson believed that government was created to serve man: "We have now viewed the whole structure of government... and we have examined the materials of which it is formed. For what purpose has this magnificent palace been erected? For the residence and accommodation of ... Man. Does man exist for ... government? Or is government instituted for ... man?" He was being facetious, but at the same time he was making a point that is often lost among those in government. Wilson called the Constitution "the best form of government which has ever been offered to the world."

Wilson helped establish the classic theory that executive power must be checked: "The executive power is better to be trusted when it has no screen... we have a responsibility in the person of our President; he cannot act improperly, and hide ... his negligence... he cannot roll upon any other person the weight of his criminality; ...far from being above the laws..." he is subject to them as a citizen and through impeachment.

He knew that the legislature might abuse power too: "In order... to give permanency, stability, and security to any government, I conceive it of essential importance, that its legislature should be restrained; that there should not only be what we call a passive, but an active power over it..." He believed that the legislature might form the worst despotism most resistant to change.

Wilson expressly implemented Montesquieu's idea of separation of powers, but he recognized that there were limits to that concept: "For what purpose [do we] give the power to make laws, unless they are to be executed?" He believed that the executive and judicial powers would necessarily be engaged in the execution of the law. Montesquieu of course believed in separation of powers but he too implied that the concept was not absolute.

Wilson served on the Supreme Court from 1789 until 1798, when he died in North Carolina after apparently having some mental issues.