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
the appointment of all the officers of the United States, with limited
and specific exceptions, and in filling up all vacancies that may arise
during the recess of the Senate; in receiving ambassadors and other
public ministers; and in taking care that the laws be faithfully
executed,--are both bound to look to the decisions, of the Supreme
Court, "in cases of law and equity" that are brought before them, for
the character and extent of their powers under the Constitution, and to
be governed by them, what becomes of the distinguishing feature of
Republican Government--the responsibility of the representative to the
people for the faithful performance of his duties? A people so
intelligent, and withal so just as ours, would surely never think of
dismissing one branch of their public servants for acts in respect to
which they had placed them under the absolute guidance of another
branch. To single out one department from the rest by placing its
incumbent under a special oath to protect and preserve the Constitution,
and then to make it his duty to obey the directions of another in that
very function, absolutely and unconditionally, would, I cannot but
think, be going quite as far in that direction as the character of any
people for justice and wisdom could bear.
To whom are the members of the Federal Judiciary responsible for the
truthfulness of their constitutional expositions and for the wisdom of
the steps they take to make them effectual? To no human being. They can
only be displaced by impeachment and criminal conviction. That mere
error of judgment, without positive proof of corruption, can never be
made the basis of such a proceeding, is known to all. Is it not, then,
most apparent that to place the fidelity to the Federal Constitution of
the representatives of the people and of the States and of most of the
effective officers employed in the conduct of public affairs, save only
those that are of a judicial character, under the supervision of that
department, is nothing less than to divest the Government of its
republican features and to substitute in its place the control of an
irresponsible judicial oligarchy--to make the Constitution a lie, and
turn to mockery its most formal provisions, designed to secure to the
people a control over the action of the Government under its authority?
Is it not remarkable that a doctrine, so clearly anti-republican in its
character and tendencies, should have been so long kept on foot under a
system so truly republican as ours, and may we not trace its origin to
the same inexhaustible fountain from whence have proceeded the most
tenacious of our party divisions--an inextinguishable distrust, on the
part of numerous and powerful classes, of the capacities and
dispositions of the great body of their fellow-citizens?
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