History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
resides,--since there must be obedience in order that there may be
peace,--nature and reason have determined that this power is to reside
with a majority of the members. The American constitutions, therefore,
are founded wholly upon the principle, that a majority expresses the
will of the whole society, and may establish, change, and abrogate forms
of government at its pleasure.[254] It follows, as a necessary deduction
from this fundamental doctrine, that so soon as society has acted in the
formation and establishment of a government, upon this principle, no
change can take place, but by a new expression of the will of society
through the voice of a majority; and whether a majority desires or has
actually decreed a change, is a fact that must be made certain, and can
only be made certain in one of two modes,--either by the evidence and
through the channels which the society has previously ordained for this
purpose, or by the submission of all its members to a violent and
successful revolution.
The first constitution of Massachusetts did not designate any mode in
which it was to be amended or changed. But no peaceable change can take
place in any government founded on the expressed will of a majority of
the people, consistently with the principle on which it had been
established, until it has been ascertained, in some mode, that a change
is demanded by the same authority. The vital importance of ascertaining
this fact with precision was not so clearly perceived, at that early
period, as it is now.
Seizing upon the newly established doctrine, which made them the sources
of all political power, the people did not at once apprehend the rule
which preserves and upholds that power, and makes the doctrine itself
both practicable and safe. Hence, when troubles arose, individuals were
led to suppose that they had only to declare a grievance, to demand a
change, and to compel a compliance with their demand by force. So far as
they reasoned at all, they persuaded themselves that, as their
government was the creation of the people, by their own direct act,
bodies of the people could assemble in their primary capacity, and, by
obstructing any of its functions which they connected with a particular
grievance, produce a reform, which the people have always a right to
make. By overlooking, in this manner, the only safe and legitimate mode
in which the popular will can be really ascertained, they passed into
the mischiefs of anarchy and rebellion, mistaking the voices of a
minority for the ascertained will of society.
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