Constitutional history -- United States -- Sources; Constitutional law -- United States
It might, however, sometimes happen, that appeals would be made under
circumstances less adverse to the executive and judiciary departments.
The usurpations of the legislature might be so flagrant and so sudden,
as to admit of no specious coloring. A strong party among themselves
might take side with the other branches. The executive power might be
in the hands of a peculiar favorite of the people. In such a posture of
things, the public decision might be less swayed by prepossessions in
favor of the legislative party. But still it could never be expected
to turn on the true merits of the question. It would inevitably be
connected with the spirit of pre-existing parties, or of parties
springing out of the question itself. It would be connected with persons
of distinguished character and extensive influence in the community. It
would be pronounced by the very men who had been agents in, or opponents
of, the measures to which the decision would relate. The PASSIONS,
therefore, not the REASON, of the public would sit in judgment. But it
is the reason, alone, of the public, that ought to control and regulate
the government. The passions ought to be controlled and regulated by the
government.
We found in the last paper, that mere declarations in the written
constitution are not sufficient to restrain the several departments
within their legal rights. It appears in this, that occasional appeals
to the people would be neither a proper nor an effectual provision for
that purpose. How far the provisions of a different nature contained in
the plan above quoted might be adequate, I do not examine. Some of them
are unquestionably founded on sound political principles, and all of
them are framed with singular ingenuity and precision.
PUBLIUS
FEDERALIST No. 50
Periodical Appeals to the People Considered
From the New York Packet. Tuesday, February 5, 1788.
MADISON
To the People of the State of New York:
IT MAY be contended, perhaps, that instead of OCCASIONAL appeals to
the people, which are liable to the objections urged against them,
PERIODICAL appeals are the proper and adequate means of PREVENTING AND
CORRECTING INFRACTIONS OF THE CONSTITUTION.
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