But, at best, the right of suffrage can be exercised only
periodically; and between the periods the legislators are wholly
irresponsible. No despot was ever more entirely irresponsible than
are republican legislators during the period for which they are
chosen. They can neither, be removed from their office, nor called
to account while in their office, nor punished after they leave their
office, be their tyranny what it may. Moreover, the judicial and
executive departments of the government are equally irresponsible
to the people, and are only responsible, (by impeachment, and
dependence for their salaries), to these irresponsible legislators.
This dependence of the judiciary and executive upon the
legislature is a guaranty that they will always sanction and execute
its laws, whether just or unjust. Thus the legislators hold the whole
power of the government in their hands, and are at the same time
utterly irresponsible for the manner in which they use it.
If, now, this government, (the three branches thus really united in
one), can determine the validity of, and enforce, its own laws, it is,
for the time being, entirely absolute, and wholly irresponsible to
the people.
But this is not all. These legislators, and this government, so
irresponsible while in power, can perpetuate their power at
pleasure, if they can determine what legislation is authoritative
upon the people, and can enforce obedience to it, for they can not
only declare their power perpetual, but they can enforce
submission to all legislation that is necessary to secure its
perpetuity. They can, for example, prohibit all discussion of the
rightfulness of their authority; forbid the use of the suffrage;
prevent the election of any successors; disarm, plunder, imprison,
and even kill all who refuse submission. If, therefore, the
government (all departments united) be absolute for a day that is,
if it can, for a day, enforce obedience to its own laws it can, in
that day, secure its power for all time like the queen, who wished
to reign but for a day, but in that day caused the king, her husband,
to be slain, and usurped his throne.
Nor will it avail to say that such acts would be unconstitutional,
and that unconstitutional acts may be lawfully resisted; for
everything a government pleases to do will, of course, be
determined to be constitutional, if the government itself be
permitted to determine the question of the constitutionality of its
own acts. Those who are capable of tyranny, are capable of perjury
to sustain it.
The conclusion, therefore, is, that any government, that can, for a
day, enforce its own laws, without appealing to the people, (or to a
tribunal fairly representing the people,) for their consent, is, in
theory, an absolute government, irresponsible to the people, and
can perpetuate its power at pleasure.
Public-domain text, read in full here on John Shaqi.
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