Inquiry Into the Origin and Course of Political Parties in the United StatesVan Buren, Martin
History
Inquiry Into the Origin and Course of Political Parties in the United States
Van Buren, Martin
Political parties -- United States
In a government, constructed like ours in some degree of conflicting
parts, it is ever difficult, if not at times impossible, to prevent such
a discrepancy, and those who framed ours, upon the whole, were wise in
not attempting to do so. As a tribute to the personal rights of man and
the security of private property, existing provisions go far to atone
for whatever of individual injustice they may occasion. The legislative
department has the power to indemnify those who suffer in this way and
invariably does so when they have acted in good faith. The losses thus
incurred by individuals, in the first instance, are in the end
transferred to the whole community, which is abundantly remunerated by
the benefits it derives from the system as a whole. Should a federal
organization ever obtain which shall attempt, through an abuse of its
power, to exert a dangerous influence over the Government, to an extent
and in a way to arrest the attention of the people, they will neither be
at a loss for a remedy nor fail in its adoption.
But to extend the control of the judiciary, through their decisions "in
cases in law and equity," over the action of the other departments in
the discharge of the duties assigned to them, for the extent and gravity
of which we have only to look to the Constitution, and which, for the
most part, steer entirely clear of private and separate interests, would
be a measure of a very different character. It was upon these public
functionaries that the entire political power of the Federal Government
was intended to be conferred, and to the limited tenure by which they
held their offices and to their direct responsibility to the people that
the latter have always looked for the means to control their action. It
is upon this swift and certain responsibility they have hitherto relied
for their ability to bring the government back, without great delay, to
the republican track designed for it by the Constitution, whenever it
might be made to depart from it through, the infidelity of their
representatives. Truly says Mr. Jefferson, in one of his letters last
referred to, "when the legislative or executive functionaries act
unconstitutionally, they are responsible to the people in their elective
capacity. The exemption of the judges from that is quite dangerous
enough. I know no safe depository of the ultimate powers of the society
but the people themselves; and if we think them not enlightened enough
to exercise their control with a wholesome discretion, the remedy is not
to take it from them, but to inform their discretion by education. This
is the true corrective of abuses of constitutional power."
Public-domain text, read in full here on John Shaqi.
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