Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788 — John Shaqi
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
In this respect, therefore, the new constitution is not more arbitrary
than the constitution of this state. This clause does not, therefore,
savour in the least of any thing more arbitrary than what has already been
experienced: so that the horrours the anti-federal junto pretend to
anticipate on that head, must sink into nothing. Besides, when the house
of representatives have impeached, and the senate tried any one, and found
him guilty of the offence for which he is impeached, they can only
disqualify him from holding any office of power and trust in the United
States: and after that he comes within the jurisdiction of the law of the
land.
How such a proceeding can be called arbitrary, or thought improper, I
cannot conceive. I leave it to the gentlemen in opposition to point out
the tyranny of such conduct, and explain the horrid tendency it will have,
for the government of the United States to determine whether any one or
more of their own body are worthy to continue in the station to which they
were elected.
Another clause, which the anti-federal junto labour to prove to be
arbitrary and tyrannical, is contained in the fourth section, which
provides, that the time and place for electing senators and
representatives shall be appointed by the different state legislatures,
except Congress shall at any time make a law to alter such regulation in
regard to the place of choosing representatives. The former part of this
clause, gives not the least opportunity for a display of anti-federal
scandal, and the latter, only by misrepresentation, and false
construction, is by them made a handle of. What is intended, by saying
that Congress shall have power to appoint the place for electing
representatives, is, only to have a check upon the legislature of any
state, if they should happen to be composed of villains and knaves, as is
the case in a sister state;(13) and should take upon themselves to appoint
a place for choosing delegates to send to Congress; which place might be
the most inconvenient in the whole state; and for that reason be appointed
by the legislature, in order to create a disgust in the minds of the
people against the federal government, if they themselves should dislike
it. The weakness of their arguments on this head, must therefore be
obvious to every attentive mind.
Public-domain text, read in full here on John Shaqi.
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