Constitutional history -- United States -- Sources; Constitutional law -- United States
In searching for the grounds of this doctrine, I can discover but one,
and that is wholly inapplicable to our case. The important distinction
so well understood in America, between a Constitution established by the
people and unalterable by the government, and a law established by the
government and alterable by the government, seems to have been little
understood and less observed in any other country. Wherever the supreme
power of legislation has resided, has been supposed to reside also a
full power to change the form of the government. Even in Great Britain,
where the principles of political and civil liberty have been most
discussed, and where we hear most of the rights of the Constitution, it
is maintained that the authority of the Parliament is transcendent and
uncontrollable, as well with regard to the Constitution, as the ordinary
objects of legislative provision. They have accordingly, in several
instances, actually changed, by legislative acts, some of the most
fundamental articles of the government. They have in particular, on
several occasions, changed the period of election; and, on the
last occasion, not only introduced septennial in place of triennial
elections, but by the same act, continued themselves in place four years
beyond the term for which they were elected by the people. An attention
to these dangerous practices has produced a very natural alarm in the
votaries of free government, of which frequency of elections is the
corner-stone; and has led them to seek for some security to liberty,
against the danger to which it is exposed. Where no Constitution,
paramount to the government, either existed or could be obtained, no
constitutional security, similar to that established in the United
States, was to be attempted. Some other security, therefore, was to be
sought for; and what better security would the case admit, than that of
selecting and appealing to some simple and familiar portion of time,
as a standard for measuring the danger of innovations, for fixing the
national sentiment, and for uniting the patriotic exertions? The most
simple and familiar portion of time, applicable to the subject was that
of a year; and hence the doctrine has been inculcated by a laudable
zeal, to erect some barrier against the gradual innovations of an
unlimited government, that the advance towards tyranny was to be
calculated by the distance of departure from the fixed point of annual
elections. But what necessity can there be of applying this expedient
to a government limited, as the federal government will be, by the
authority of a paramount Constitution? Or who will pretend that the
liberties of the people of America will not be more secure under
biennial elections, unalterably fixed by such a Constitution, than those
of any other nation would be, where elections were annual, or even
more frequent, but subject to alterations by the ordinary power of the
government?
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