Constitutional history -- United States -- Sources; Constitutional law -- United States
What, then, are the distinctive characters of the republican form? Were
an answer to this question to be sought, not by recurring to principles,
but in the application of the term by political writers, to the
constitution of different States, no satisfactory one would ever be
found. Holland, in which no particle of the supreme authority is derived
from the people, has passed almost universally under the denomination of
a republic. The same title has been bestowed on Venice, where absolute
power over the great body of the people is exercised, in the most
absolute manner, by a small body of hereditary nobles. Poland, which is
a mixture of aristocracy and of monarchy in their worst forms, has been
dignified with the same appellation. The government of England, which
has one republican branch only, combined with an hereditary aristocracy
and monarchy, has, with equal impropriety, been frequently placed on
the list of republics. These examples, which are nearly as dissimilar
to each other as to a genuine republic, show the extreme inaccuracy with
which the term has been used in political disquisitions.
If we resort for a criterion to the different principles on which
different forms of government are established, we may define a republic
to be, or at least may bestow that name on, 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 of it; 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 hold 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. According
to the constitution of every State in the Union, some or other of the
officers of government are appointed indirectly only by the people.
According to most of them, the chief magistrate himself is so appointed.
And according to one, this mode of appointment is extended to one of
the co-ordinate branches of the legislature. According to all the
constitutions, also, the tenure of the highest offices is extended to a
definite period, and in many instances, both within the legislative and
executive departments, to a period of years. According to the provisions
of most of the constitutions, again, as well as according to the most
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