Again and again, in response to his demand for an express assertion,
in the instrument itself, of the rights of individuals and of States,
he was told that every one of those rights was secured, since it was
naturally and fairly implied. "Even say," he rejoined, "it is a
natural implication,--why not give us a right ... in express terms, in
language that could not admit of evasions or subterfuges? If they can
use implication for us, they can also use implication against us. We
are giving power; they are getting power; judge, then, on which side
the implication will be used." "Implication is dangerous, because it
is unbounded; if it be admitted at all, and no limits prescribed, it
admits of the utmost extension." "The existence of powers is
sufficiently established. If we trust our dearest rights to
implication, we shall be in a very unhappy situation."[382]
Then, in addition to his objections to the general character of the
Constitution, namely, as a consolidated government, unrestrained by an
express guarantee of rights, he applied his criticisms in great
detail, and with merciless rigor, to each department of the proposed
government,--the legislative, the executive, and the judicial; and
with respect to each one of these he insisted that its intended
functions were such as to inspire distrust and alarm. Of course, we
cannot here follow this fierce critic of the Constitution into all the
detail of his criticisms; but, as a single example, we may cite a
portion of his assault upon the executive department,--an assault, as
will be seen, far better suited to the political apprehensions of his
own time than of ours:--
Public-domain text, read in full here on John Shaqi.
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