The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
4. Madison, in _The Federalist_, states the whole case: A republic is
a government which derives all its powers directly or indirectly
from the great body of the people, and is administered by persons
holding their offices during pleasure, for a limited period, or
during good behavior. It is essential to such a government that
it be derived from the great body of the society, not from an
inconsiderable proportion, or a favored class; otherwise a handful
of tyrannical nobles, exercising their oppressions by a delegation
of their powers, might aspire to the rank of republicans, and
claim for their government the honorable title of republic. It is
sufficient for such a government that the persons administering
it be appointed, either directly or indirectly, by the people, and
that they held their appointments by either of the tenures just
specified; otherwise every government in the United States, as well
as every other popular government that has been or can be well
organized or well executed, would be degraded from the republican
character.[4]
5. The supreme law of the land represents the will of the people of the
United States for purposes of government. The authority of that law
is derived wholly from the people. They may change or amend it at any
time. They prescribe the procedure for such change or amendment.[5]
Through this supreme law the entire public business is carried on. The
constitution of Massachusetts sets forth the essential fact:
All power residing originally in the people, and being derived from
them, the several magistrates and officers of government, vested
with authority, whether legislative, executive, or judicial, are
their substitutes and agents, and are at all times accountable to
them.[6]
The distinction between original and derivative powers made by the
constitution of Massachusetts is true of the supreme law of the United
States.
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