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
5. It is proposed to make the president and senators ineligible after
certain periods.
But this would abridge the privilege of the people, and remove one great
motive to fidelity in office, and render persons incapable of serving in
offices, on account of their experience, which would best qualify them for
usefulness in office—but if their services are not acceptable they may be
left out at any new election.
6. It is proposed that no commercial treaty should be made without the
consent of two-thirds of the senators, nor any cession of territory, right
of navigation or fishery, without the consent of three-fourths of the
members present in each branch of congress.
It is provided by the constitution that no commercial treaty shall be made
by the president without the consent of two-thirds of the senators
present, and as each state has an equal representation and suffrage in the
senate, the rights of the state will be as well secured under the new
constitution as under the old; and it is not probable that they would ever
make a cession of territory or any important national right without the
consent of congress. The king of Great Britain has by the constitution a
power to make treaties, yet in matters of great importance he consults the
parliament.
7. There is one amendment proposed by the convention of South Carolina
respecting religious tests, by inserting the word _other_, between the
words _no_ and _religious_ in that article, which is an ingenious thought,
and had that word been inserted, it would probably have prevented any
objection on that head. But it may be considered as a clerical omission
and be inserted without calling a convention; as it now stands the effect
will be the same.
On the whole it is hoped that all the states will consent to make a fair
trial of the constitution before they attempt to alter it; experience will
best show whether it is deficient or not, on trial it may appear that the
alterations that have been proposed are not necessary, or that others not
yet thought of may be necessary; everything that tends to disunion ought
to be avoided. Instability in government and laws tends to weaken a state
and render the rights of the people precarious.
If another convention should be called to revise the constitution, ’tis
not likely they would be more unanimous than the former; they might judge
differently in some things, but is it certain that they would judge
better? When experience has convinced the states and people in general
that alterations are necessary, they may be easily made, but attempting it
at present may be detrimental if not fatal to the union of the states.
The judiciary department is perhaps the most difficult to be precisely
limited by the constitution, but congress have full power to regulate it
by law, and it may be found necessary to vary the regulations at different
times as circumstances may differ.
Public-domain text, read in full here on John Shaqi.
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