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
But the position of the Senate as an assembly of the States, and
certain opinions of its superior fitness for the discharge of some of
these duties, had united to make it far too powerful for a safe and
satisfactory operation of the government. It was found to be
impossible to adjust the whole machine to the quantity of power that
had been given to one of its parts. It was eminently just and
necessary that the States should have an equal and direct
representation in some branch of the government; but that a majority
of the States, containing a minority of the people, should possess a
negative in the appointment of the executive, and in the question of
peace or war, and the sole voice in the appointment of judges and
ambassadors, was neither necessary nor proper. Theoretically, it might
seem appropriate that a question of boundary between any two of the
States represented in it should be committed to the Senate, as a court
of the peers of the sovereign parties to the dispute; but practically,
this would be a tribunal not well fitted to try a purely judicial
question. It became necessary, therefore, to discover the true limit
of that control which the nature of the representation in the Senate
was to be allowed to give to a majority of the States. There had been
some effort, in the progress of the controversy respecting the
representative system, to confine the equal power of the States, in
matters of legislation, to particular questions or occasions; but it
had turned out to be impracticable thus to divide or limit the
ordinary legislative authority of the same body. If the Senate, as an
equal assembly of the States, was to legislate at all, it must
legislate upon all subjects by the same rule and method of suffrage.
But when the question presented itself as to the separate action of
this assembly,--how far it should be invested with the appointment of
other functionaries, how far it should control the relations of the
country with foreign nations, how far it should partake both of
executive and judicial powers,--it was much less difficult to draw the
line, and to establish proper limits to the direct agency of the
States. Those limits could not indeed be ascertained by the mere
application of theoretical principles. They were to be found in the
primary necessity for reposing greater powers in other departments,
for adjusting the relations of the system by a wider distribution of
authority, and for confiding more and more in the intelligence and
virtue of the people; and therefore it is, that, in these as in other
details of the Constitution, we are to look for the clew that is to
give us the purpose and design, quite as much to the practical
compromises which constantly took place between opposite interests, as
to any triumph of any one of opposite theories.
Public-domain text, read in full here on John Shaqi.
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