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
administration in the legislature, in order to preserve the balance of
the Constitution. The sole question with us was, whether the public
convenience required that the administration should be able to act
directly upon the course of legislation. The prevailing opinion was
that this was not required. This opinion was undoubtedly formed under
the fear of corruption and the jealousy of executive power, chiefly
produced--and justly produced--by the example of what had long existed
in England. That the error, if any was committed, lay on the safer
side, none can doubt. It is possible that the chances of a corrupt
influence would not have been increased, and that the opportunities
for a salutary influence might have been enlarged,--as it is highly
probable that the convenience of communication would have been
promoted,--if some of the higher officers of state could have been
allowed to hold seats in either house of Congress. But it is difficult
to see how this could have been successfully practised, under the
system of representation and election which the framers of the
Constitution were obliged to establish: and perhaps this is a decisive
answer to the objection.[179]
Among the powers conceded by the Constitution to the legislature of
each State is that of prescribing the time, place, and manner of
holding the elections of its senators and representatives in Congress.
This provision[180] originated with the committee of detail; but, as
it was reported by them, there was no other authority reserved to
Congress itself than that of altering the regulations of the States;
and this authority extended as well to the place of choosing the
senators, as to all the other circumstances of the election.[181] In
the Convention, however, the authority of Congress was extended beyond
the alteration of State regulations, so as to embrace a power to make
rules, as well as to alter those made by the States. But the place of
choosing the senators was excepted altogether from this restraining
authority, and left to the States.[182] Mr. Madison, in his minutes,
adds the explanation, that the power of Congress to _make_ regulations
was supplied, in order to enable them to regulate the elections, if
the States should fail or refuse to do so.[183] But the text of the
Constitution, as finally settled, gives authority to Congress at "any
time" to "make or alter such regulations"; and this would seem to
confer a power, which, when exercised, must be paramount, whether a
State regulation exists at the time or not.
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