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
Thus there was little for American statesmen of that day to look to, in
the way of theories which had been practically proved to be sound and
useful. The constitution of England, it is true, presented to them
certain great maxims, the application of which was not unsuited to the
circumstances and habits of a people whose laws and institutions had
been derived from their English ancestors and their English blood. But
the constitution of England, embracing the three estates of King, Lords,
and Commons, had become what it was, only by the extortion from the
crown of the rights and privileges of the two orders of the people. The
American Revolution, on the other hand, had settled, as the fundamental
principle of American society, that all sovereignty resides originally
in the people; that they derive no rights by way of grant from any other
source; and consequently, that no powers or privileges can exist in any
portion of the people as distinct from the whole. The English
constitution could, therefore, furnish only occasional analogies for
particular details in the structure of departments, which might after
all really require to be founded on different fundamental principles.
But the great problem to be solved--for which English experience was of
no value--was, so to parcel out those portions of original sovereignty,
which the people of the States might be willing to withdraw from their
State institutions, as to constitute an efficient federal republic,
which yet would not control and absorb the powers that might be
reserved. But to comprehend the results that were accomplished, and to
understand the true nature of the system bequeathed to us, it is
indispensable to examine in detail the means and processes by which it
was formed. Before we turn, however, to this great subject, the
characters of the principal framers of the Constitution demand our
attention.
FOOTNOTES:
Public-domain text, read in full here on John Shaqi.
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