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 advocates of a national government, besides and beyond the
intrusting of a particular jurisdiction to that government, wished to
make it certain that its legislative power, in each act of
legislation, should rest on the direct authority of the people. For
this purpose they desired to avoid all agency of the State governments
in the appointment of the members of the national legislature. They
held this to be necessary for two reasons. In the first place, they
said that in a national government the people must be represented; and
that in a republican system the real constituent should act directly,
and without any intermediate agency, in the appointment of the
representative. In the second place, they deduced from the objects of
a national government the necessity for excluding the agency of the
State governments in the appointment of those who were to exercise its
legislative power. Those objects, they contended, were not fully
stated by their opponents. The latter generally regarded the objects
of the Union as confined to defence against foreign danger and
internal disorder; the power to make binding treaties with foreign
countries; the regulation of commerce, and the power to derive
revenues therefrom.[15] The former insisted that another great object
must be, to provide more effectually for the security of private
rights, and the steady dispensation of justice. Mr. Madison declared
that republican liberty could not long exist under the abuses of it
which had been practised in some of the States, where the
uncontrollable power of a majority had enabled debtors to elude their
creditors, the holders of one species of property to oppress the
holders of another species, and where paper money had become a
stupendous fraud. These evils had made it manifest that the power of
the State governments, even in relation to some matters of internal
legislation, must be to some extent restrained; and in order
effectually to restrain it, the national government must, in the
construction of its departments, as well as in its powers, be derived
directly from the people.[16]
These views again prevailed as to the first branch, and Mr. Pinckney's
proposition for electing that branch by the State legislatures was
negatived by a vote of three States in the affirmative, and eight in
the negative.[17]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account