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
_Observations on the Alterations Proposed as Amendments to the new Federal
Constitution._
Six of the states have adopted the new constitution without proposing any
alteration, and the most of those proposed by the conventions of other
states may be provided for by congress in a code of laws without altering
the constitution. If congress may be safely trusted with the affairs of
the Union, and have sufficient powers for that purpose, and possess no
powers but such as respect the common interest of the states (as I have
endeavored to show in a former piece), then all the matters that can be
regulated by law may safely be left to their discretion, and those will
include all that I have noticed except the following, which I think on due
consideration will appear to be improper or unnecessary.
1. It is proposed that the consent of two-thirds or three-fourths of the
members present in this branch of the congress shall be required for
passing certain acts.
On which I would observe, that this would give a minority in congress
power to controul the majority, joined with the concurrent voice of the
president, for if the president dissents, no act can pass without the
consent of two-thirds of the members in each branch of congress; and would
not that be contrary to the general principles of republican government?
2. That impeachments ought not to be tried by the senate, or not by the
senate alone.
But what good reason can be assigned why the senate is not the most proper
tribunal for that purpose? The members are to be chosen by the
legislatures of the several states, who will doubtless appoint persons of
wisdom and probity, and from their office can have no interested motives
to partiality. The house of peers in Great Britain try impeachments and
are also a branch of the legislature.
3. It is said that the president ought not to have power to grant pardons
in cases of high treason, but the congress.
It does not appear that any great mischief can arise from the exercise of
this power by the president (though perhaps it might as well have been
lodged in congress). The president cannot pardon in case of impeachment,
so that such offenders may be excluded from office notwithstanding his
pardon.
4. It is proposed that members of congress be rendered ineligible to any
other office during the time for which they are elected members of that
body.
This is an objection that will admit of something plausible to be said on
both sides, and it was settled in convention on full discussion and
deliberation. There are some offices which a member of congress may be
best qualified to fill, from his knowledge of public affairs acquired by
being a member, such as minister to foreign courts, &c., and on accepting
any other office his seat in congress will be vacated, and no member is
eligible to any office that shall have been instituted or the emoluments
increased while he was a member.
Public-domain text, read in full here on John Shaqi.
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