Constitutional history -- United States -- Sources; Constitutional law -- United States
all reasoning must be vain. The sincere friends of liberty, who give
themselves up to the extravagancies of this passion, are not aware of
the injury they do their own cause. As there is a degree of depravity in
mankind which requires a certain degree of circumspection and distrust,
so there are other qualities in human nature which justify a certain
portion of esteem and confidence. Republican government presupposes the
existence of these qualities in a higher degree than any other form.
Were the pictures which have been drawn by the political jealousy of
some among us faithful likenesses of the human character, the
inference would be, that there is not sufficient virtue among men for
self-government; and that nothing less than the chains of despotism can
restrain them from destroying and devouring one another.
PUBLIUS
FEDERALIST No. 56
The Same Subject Continued (The Total Number of the House of
Representatives)
For the Independent Journal. Saturday, February 16, 1788.
MADISON
To the People of the State of New York:
THE SECOND charge against the House of Representatives is, that it
will be too small to possess a due knowledge of the interests of its
constituents.
As this objection evidently proceeds from a comparison of the proposed
number of representatives with the great extent of the United States,
the number of their inhabitants, and the diversity of their interests,
without taking into view at the same time the circumstances which will
distinguish the Congress from other legislative bodies, the best
answer that can be given to it will be a brief explanation of these
peculiarities.
It is a sound and important principle that the representative ought to
be acquainted with the interests and circumstances of his constituents.
But this principle can extend no further than to those circumstances and
interests to which the authority and care of the representative relate.
An ignorance of a variety of minute and particular objects, which do
not lie within the compass of legislation, is consistent with every
attribute necessary to a due performance of the legislative trust. In
determining the extent of information required in the exercise of a
particular authority, recourse then must be had to the objects within
the purview of that authority.
What are to be the objects of federal legislation? Those which are of
most importance, and which seem most to require local knowledge, are
commerce, taxation, and the militia.
A proper regulation of commerce requires much information, as has been
elsewhere remarked; but as far as this information relates to the laws
and local situation of each individual State, a very few representatives
would be very sufficient vehicles of it to the federal councils.
Public-domain text, read in full here on John Shaqi.
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