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 danger of the abuse of this power, arising from the
absence of any express restriction upon it, and of any
statement of its purpose, in the Constitution of
Massachusetts, has led to an unsuccessful effort in that
State to make its exercise more difficult than it is under
the actual provision. In the Convention held in the year
1820, in which the Constitution was subjected to revision,
Mr. Webster, Mr. Justice Story, and others of the eminent
jurists of Massachusetts, endeavored to procure an amendment
requiring the address to be adopted by a vote of two thirds
in both branches, instead of allowing it to be carried, as
the Constitution has always stood, and as the rule is in
England, by a bare majority. The effort failed; but the
result of the whole discussion to which it gave rise shows
the general understanding of the people of the State with
regard to the rightful extent of this power. The Convention
was a very remarkable assembly of the intellect and worth of
the State, and both the political parties of the time were
fully represented in it, by their most distinguished members.
All were agreed that the power was capable of abuse, and that
to apply it to any other than cases of official incapacity or
unfitness would be an abuse. But those who opposed the
adoption of a two-thirds rule were unwilling to anticipate
such an abuse of the power, and their arguments prevailed.
The framers of the Constitution of the United States
intrusted no such power over the judiciary to the other
branches of the government. They regarded the possibility of
its being used for improper purposes as a sufficient reason
why it should not exist. They thought it, moreover, a
contradiction in terms to say that the judges should hold
their offices during good behavior, and yet be removable
without a trial. But the radical objection was one that does
not seem to have been sufficiently attended to in the early
formation of some of the State constitutions, but which the
peculiar system established by the Constitution of the United
States made especially prominent.
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