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
"the members most tenacious of republicanism were as loud as any in
declaiming against the evils of democracy."
He added:
"Give all the power to the many and they will oppress the few. Give
all the power to the few and they will oppress the many. Both ought,
therefore, to have the power that each may defend itself against the
other."
Perhaps the attitude of the members is thus best expressed by James
Madison, in the 10th of the Federalist papers:
"A pure democracy, by which I mean a State consisting of a small
number of citizens, who assemble and administer the government in
person, can admit of no cure for the mischiefs of faction. Such
democracies have ever been spectacles of turbulence and contention,
and have often been found incompatible with the personal security
and rights of property, and have generally been as short in their
lives as they have been violent in their deaths."
Undoubtedly, the framers of the Constitution in thus limiting popular
rule did not take sufficient account of the genius of an
English-speaking people. A few of their number recognized this.
Franklin, a self-made man, believed in democracy and doubted the
efficacy of the Constitution unless it was, like a pyramid, broad-based
upon the will of the people.
Colonel Mason, of Virginia, who was also of the Jeffersonian school of
political philosophy, said:
"Notwithstanding the oppression and injustice experienced among us
from democracy, the genius of the people is in favour of it, and the
genius of the people must be consulted."
In this they were true prophets, for the American people have refused to
limit democracy as narrowly and rigidly as the framers of the
Constitution clearly intended. The most notable illustration of this is
the selection of the President. It was never contemplated that the
people should directly select the President, but that a chosen body of
electors should, with careful deliberation, make this momentous choice.
While, in form, the system persists to this day, from the very beginning
the electors simply vote as the people who select them desire. It should
here be noted that Thomas Jefferson, the great Democrat and draftsman of
the Declaration of Independence, was not a member of the convention.
During its sessions he was in France. He was instrumental in securing
the first ten Amendments and the subsequent adaptation of the
Constitution to meet the democratic instincts of the American people is
largely due to his great leadership.
Public-domain text, read in full here on John Shaqi.
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