Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
This idea of federalism ought to be well discussed by the smaller
States, before they will suffer it to produce the intended effect--that
of exciting their jealousy against the larger. To him it appeared to
be evidently incorrect. Two principles sustain our constitution: one a
majority of the people, the other a majority of the States; the first
was necessary to preserve the liberty or sovereignty of the people; the
last, to preserve the liberty or sovereignty of the States. But both are
founded in the principle of majority; and the effort of the constitution
is to preserve this principle in relation both to the people and the
States, so that neither species of sovereignty or independence should
be able to destroy the other. Many illustrations might be adduced. That
of amending the constitution will suffice. Three-fourths of the States
must concur in this object, because a less number or a majority of States
might not contain a majority of people; therefore, the constitution
is not amendable by a majority of States, lest a species of State
sovereignty might, under color of amending the constitution, infringe
the right of the people. On the other hand, a majority of the people
residing in the large States cannot amend the constitution, lest they
should diminish or destroy the sovereignty of the small States, the
federal Union, or federalism itself. Hence a concurrence of the States
to amend the constitution became necessary, not because federalism was
founded in the idea of minority, but for a reason the very reverse
of that idea--that is, to cover the will both of a majority of the
people and a majority of States, so as to preserve the great element
of self-government, as it regarded State sovereignty, and also as it
regarded the sovereignty of the people.
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