History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
Great as was their devotion to this republican liberty, and ardent as
was their love of it, they did not value it too highly. The doctrine
that all power resides originally in the people; that they are the
source of all law; that their will is to be pronounced by a majority of
their numbers, and can know no interruption,--was not first discovered
in America. But to this principle of a democracy the people of the
American States had added two real and important discoveries of their
own. They had ascertained that their own power might be limited by
compacts which would regulate and define the modes in which it shall be
exercised. Their written constitutions had taken the place of the royal
charters which formerly embraced the fundamental conditions of their
political existence, but with this essential difference,--that whereas
the charter emanated from a foreign sovereign to those who claimed no
original authority for themselves, the constitution proceeded from the
people, who claimed all authority to be resident in themselves alone.
While the charter embraced a compact between the foreign sovereign and
his subjects who lived under it, the constitution, framed by the people
for their own guidance in exercising their sovereign power, became a
compact between themselves and every one of their number. In this
substitution of one supreme authority for another, some limitation of
the mode in which the sovereign power was to act became the necessary
consequence of the change; for as soon as the people had declared and
established their own sovereignty, some declaration of the nature of
that sovereignty, and some prescribed rules for its exercise, became
immediately necessary, and that declaration and those rules became at
once a limitation of power, extending to every citizen the protection
of every principle involved in them, until the same authority which had
established should change them.
Against the evils, too, that might arise from the unrestricted control
of a majority of the people over the fundamental law,--against the
abuse of their power by frequent and passionate changes of the rules
which limit its exercise for the time being,--they had discovered the
possibility of limiting the mode in which the organic law itself was
to be changed. By prescribing certain forms in which the change was to
be made, and especially by requiring the fact, that a change had been
decreed by those having a right to make it, to be clearly and
carefully ascertained by a particular evidence, they guarded the
fundamental law itself against usurpation and fraud, and greatly
diminished the influences of haste, prejudice, and passion.
Public-domain text, read in full here on John Shaqi.
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