Constitutional history -- United States -- Sources; Constitutional law -- United States
The Idea of Restraining the Legislative Authority in Regard to the
Common Defense Considered.
For the Independent Journal. Saturday, December 22, 1788
HAMILTON
To the People of the State of New York:
IT WAS a thing hardly to be expected that in a popular revolution the
minds of men should stop at that happy mean which marks the salutary
boundary between POWER and PRIVILEGE, and combines the energy of
government with the security of private rights. A failure in this
delicate and important point is the great source of the inconveniences
we experience, and if we are not cautious to avoid a repetition of the
error, in our future attempts to rectify and ameliorate our system, we
may travel from one chimerical project to another; we may try change
after change; but we shall never be likely to make any material change
for the better.
The idea of restraining the legislative authority, in the means of
providing for the national defense, is one of those refinements which
owe their origin to a zeal for liberty more ardent than enlightened.
We have seen, however, that it has not had thus far an extensive
prevalency; that even in this country, where it made its first
appearance, Pennsylvania and North Carolina are the only two States by
which it has been in any degree patronized; and that all the others have
refused to give it the least countenance; wisely judging that confidence
must be placed somewhere; that the necessity of doing it, is implied in
the very act of delegating power; and that it is better to hazard the
abuse of that confidence than to embarrass the government and endanger
the public safety by impolitic restrictions on the legislative
authority. The opponents of the proposed Constitution combat, in this
respect, the general decision of America; and instead of being taught
by experience the propriety of correcting any extremes into which we
may have heretofore run, they appear disposed to conduct us into others
still more dangerous, and more extravagant. As if the tone of government
had been found too high, or too rigid, the doctrines they teach are
calculated to induce us to depress or to relax it, by expedients
which, upon other occasions, have been condemned or forborne. It may
be affirmed without the imputation of invective, that if the principles
they inculcate, on various points, could so far obtain as to become the
popular creed, they would utterly unfit the people of this country for
any species of government whatever. But a danger of this kind is not to
be apprehended. The citizens of America have too much discernment to
be argued into anarchy. And I am much mistaken, if experience has not
wrought a deep and solemn conviction in the public mind, that greater
energy of government is essential to the welfare and prosperity of the
community.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account