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
Notwithstanding the great learning and abilities of the gentlemen who
composed the convention, it may be here remarked with deference, that the
construction of the first paragraph of the first section of the second
article is vague and inexplicit, and leaves the mind in doubt as to the
election of a president and vice-president, after the expiration of the
election for the first term of four years; in every other case, the
election of these great officers is expressly provided for; but there is
no explicit provision for their election in case of expiration of their
offices, subsequent to the election which is to set this political machine
in motion; no certain and express terms as in your state constitution,
that _statedly_ once in every four years, and as often as these offices
shall become vacant, by expiration or otherwise, as is therein expressed,
an election shall be held as follows, &c., this inexplicitness perhaps may
lead to an establishment for life.
It is remarked by Montesquieu, in treating of republics, that _in all
magistracies, the greatness of the power must be compensated by the
brevity of the duration, and that a longer time than a year would be
dangerous_. It is, therefore, obvious to the least intelligent mind to
account why great power in the hands of a magistrate, and that power
connected with considerable duration, may be dangerous to the liberties of
a republic, the deposit of vast trusts in the hands of a single
magistrate, enables him in their exercise to create a numerous train of
dependents; this tempts his _ambition_, which in a republican magistrate
is also remarked, _to be pernicious_, and the duration of his office for
any considerable time favors his views, gives him the means and time to
perfect and execute his designs, _he therefore fancies that he may be
great and glorious by oppressing his fellow-citizens, and raising himself
to permanent grandeur on the ruins of his country_. And here it may be
necessary to compare the vast and important powers of the president,
together with his continuance in office, with the foregoing doctrine—his
eminent magisterial situation will attach many adherents to him, and he
will be surrounded by expectants and courtiers, his power of nomination
and influence on all appointments, the strong posts in each state
comprised within his superintendence, and garrisoned by troops under his
direction, his control over the army, militia, and navy, the unrestrained
power of granting pardons for treason, which may be used to screen from
punishment those whom he had secretly instigated to commit the crime, and
thereby prevent a discovery of his own guilt, his duration in office for
four years: these, and various other principles evidently prove the truth
of the position, that if the president is possessed of ambition, he has
power and time sufficient to ruin his country.
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