Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
History
Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
Constitutional history -- United States -- Sources; United States. Constitution
_The President of the United States has no council, etc._, says Col.
Mason. His proposed council(35) would have been expensive—they must
constantly attend the president, because the president constantly acts.
This council must have been composed of great characters, who could not be
kept attending without great salaries, and if their opinions were binding
on the president his responsibility would be destroyed—if divided, prevent
vigor and dispatch—if not binding, they would be no security. The states
who have had such councils have found them useless, and complain of them
as a dead weight. In others, as in England, the supreme executive advises
when and with whom he pleases; if any information is wanted, the heads of
the departments who are always at hand can best give it, and from the
manner of their appointment will be trustworthy. Secrecy, vigor, dispatch
and responsibility, require that the supreme executive should be one
person, and unfettered otherwise than by the laws he is to execute.
_There is no Declaration of Rights._ Bills of Rights were introduced in
England when its kings claimed all power and jurisdiction, and were
considered by them as grants to the people. They are insignificant since
government is considered as originating from the people, and all the power
government now has is a grant from the people. The constitution they
establish with powers limited and defined, becomes now to the legislator
and magistrate, what originally a bill of rights was to the people. To
have inserted in this constitution a bill of rights for the states, would
suppose them to derive and hold their rights from the federal government,
when the reverse is the case.
_There is to be no ex post facto laws._ This was moved by Mr. Gerry and
supported by Mr. Mason,(36) and is exceptional only as being unnecessary;
for it ought not to be presumed that government will be so tyrannical, and
opposed to the sense of all modern civilians, as to pass such laws: if
they should, they would be void.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account