The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the ConstitutionBeck, James M. (James Montgomery)
History
The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the Constitution
Beck, James M. (James Montgomery)
Constitutional law -- United States; United States. Constitution
Nothing is more striking in the debates of the convention than the
distrust of its members, with few exceptions, of what they called
"democracy." By this term they meant the power of the people to
legislate directly and without the intervention of chosen
representatives. They believed that the utmost concession that could be
safely made to democracy was the power to select suitable men to
legislate for the common good, and nothing is more striking in the
Constitution than the care with which they sought to remove the powers
of legislation from the _direct_ action of the people. Nowhere in the
instrument is there a suggestion of the initiative or referendum.
Even an amendment to the Constitution could not be directly proposed by
the people in the exercise of their residual power or adopted by them.
As previously said, it could only be proposed by two-thirds of the House
and the Senate, and then could only become effective, if ratified by
three-fourths of the States, acting, not by a popular vote, but through
their chosen representatives either in their legislatures or special
conventions. Thus they denied the power of a majority to alter even the
form of government. Moreover, they gave to the President the power to
nullify laws passed by a majority of the House and Senate by his simple
veto, and yet, fearful of an unqualified power of the President in this
respect, they provided that the veto itself should be vetoed, if
two-thirds of the Senate and House concurred in such action. Moreover,
the great limitations of the Constitution, which forbid the majority, or
even the whole body of the House and Senate, to pass laws either for
want of authority or because they impair fundamental rights of
individuals, are as emphatic a negation of an absolute democracy as can
be found in any form of government.
Measured by present-day conventions of democracy, the Constitution is an
undemocratic document. The framers believed in representative
government, to which they gave the name "Republicanism" as the
antithesis to "democracy." The members of the Senate were to be selected
by State legislatures, and the President himself was, as originally
planned, to be selected by an electoral college similar to the College
of Cardinals.
The debates are full of utterances which explain this attitude of mind.
Mr. Gerry said: "The evils we experience flow from the excesses of
democracy. The people are the dupes of pretended patriots." Mr.
Randolph, the author of the Virginia plan, observed that the general
object of the Constitution was to provide a cure for the evils under
which the United States laboured; that in tracing these evils to their
origin every man had found it in the tribulation and follies of
democracy; that some check, therefore, was to be sought for against this
tendency of our Government.
Alexander Hamilton remarked, on June 18, that--
Public-domain text, read in full here on John Shaqi.
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