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
The negotiation of treaties was obviously a function that should be
committed to the executive alone. But a treaty might undertake to
dismember a State of part of its territory, or might otherwise affect
its individual interests; and even where it concerned only the general
interests of all the States, there was a great unwillingness to
intrust the treaty-making power exclusively to the President. Here,
the States, as equal political sovereignties, were unwilling to relax
their hold upon the general government; and the result was that
provision of the Constitution which makes the consent of two thirds of
the Senators present necessary to the ratification of a treaty.
But if it was to have these great overruling powers, the Senate must
have no voice in the appointment of the executive. There were two
modes in which the election might be arranged, so as to prevent a
mutual connection and influence between the Senate and the President.
The one was, to allow the highest number of electoral votes to appoint
the President;[164] the other was, to place the eventual election--no
person having received a majority of all the electoral votes--in the
House of Representatives. The latter plan was finally adopted, and the
Senate was thus effectually severed from a dangerous connection with
the executive.
This separation having been effected, the objections which had been
urged against the length of the senatorial term became of little
consequence. In the preparation of the plan marked out in the
resolutions sent to the committee of detail, the Senate had been
considered chiefly with reference to its legislative function; and the
purpose of those who advocated a long term of office was to establish
a body in the government of sufficient wisdom and firmness to
interpose against the impetuous counsels and levelling tendencies of
the democratic branch.[165] Six years was adopted as an intermediate
period between the longest and the shortest of the terms proposed; and
in order that there might be an infusion of different views and
tendencies from time to time, it was provided that one third of the
members should go out of office biennially.[166] Still, in the case of
each individual senator, the period of six years was the longest of
the limited terms of office created by the Constitution. Under the
Confederation, the members of the Congress had been chosen annually,
and were always liable to recall. The people of the United States were
in general strongly disposed to a frequency of elections. A term of
office for six years would be that feature of the proposed Senate most
likely, in the popular mind, to be regarded as of an aristocratic
tendency. If united with the powers that have just passed under our
review, and if to those powers it could be said that an improper
influence over the executive had been added, the system would in all
probability be rejected by the people. But if the Senate were deprived
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