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
Doubtless a single council or chamber can promulgate decrees and enact
laws; but it had never been the habit of the people of America, as it
never had been the habit of their ancestors for at least a period of
somewhat more than five centuries, to regard a single chamber as
favorable to liberty, or to wise legislation.[72] The separation into
two chambers of the lords spiritual and temporal, and the commons, in
the English constitution, does not seem to have originated in a
difference of personal rank, so much as in their position as separate
estates of the realm. All the orders might have voted promiscuously in
one house, and just as effectually signified the assent or dissent of
Parliament to any measure proposed.[73] But the practice of making the
assent of Parliament to consist in the concurrent and separate action
of the two estates, though difficult to be traced to its origin in any
distinct purpose or cause, became confirmed by the growing importance
of the commons, by their jealousy and vigilance, and by the
controlling position which they finally assumed. As Parliament
gradually proceeded to its present constitution, and the separate
rights and privileges of the two houses became established, it was
found that the practice of discussing a measure in two assemblies,
composed of different persons, holding their seats by a different
tenure and representing different orders of the state, was in the
highest degree conducive to the security of the subject, and to sound
legislation.[74]
So fully was the conviction of the practical convenience and utility
of two chambers established in the Anglican mind, that, when
representative government came to be established in the British North
American Colonies, although the original reason for the division
ceased to be applicable, it was retained for its incidental
advantages. In none of these Colonies was there any difference of
social condition, or of political privilege or power, recognized in
the system of representation; and as there were, therefore, no
separate estates or orders among the people, requiring to be protected
against each other's encroachments, or holding different relations to
the crown, we cannot attribute the adherence to the system of two
chambers, on the part of those who solicited and received the
privilege of establishing these colonial governments, to anything but
their belief in its practical advantages for the purposes of
legislation. Still less can we suppose, that after the Revolution, and
when there no longer existed any such motive as might have influenced
the crown in modelling the colonial after the imperial institutions,
to a certain extent, the people of these States should have
perpetuated in their constitutions the principle of a division of the
legislature into two chambers, for any other purpose than to secure
the practical benefits which they and their ancestors had always found
to flow from it.
Public-domain text, read in full here on John Shaqi.
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