Constitutional history -- United States -- Sources; Constitutional law -- United States
There was a time when we were told that breaches, by the States, of the
regulations of the federal authority were not to be expected; that
a sense of common interest would preside over the conduct of the
respective members, and would beget a full compliance with all the
constitutional requisitions of the Union. This language, at the present
day, would appear as wild as a great part of what we now hear from
the same quarter will be thought, when we shall have received further
lessons from that best oracle of wisdom, experience. It at all times
betrayed an ignorance of the true springs by which human conduct is
actuated, and belied the original inducements to the establishment of
civil power. Why has government been instituted at all? Because the
passions of men will not conform to the dictates of reason and justice,
without constraint. Has it been found that bodies of men act with more
rectitude or greater disinterestedness than individuals? The contrary
of this has been inferred by all accurate observers of the conduct of
mankind; and the inference is founded upon obvious reasons. Regard to
reputation has a less active influence, when the infamy of a bad action
is to be divided among a number than when it is to fall singly upon
one. A spirit of faction, which is apt to mingle its poison in the
deliberations of all bodies of men, will often hurry the persons of whom
they are composed into improprieties and excesses, for which they would
blush in a private capacity.
In addition to all this, there is, in the nature of sovereign power,
an impatience of control, that disposes those who are invested with the
exercise of it, to look with an evil eye upon all external attempts to
restrain or direct its operations. From this spirit it happens, that
in every political association which is formed upon the principle of
uniting in a common interest a number of lesser sovereignties, there
will be found a kind of eccentric tendency in the subordinate or
inferior orbs, by the operation of which there will be a perpetual
effort in each to fly off from the common centre. This tendency is not
difficult to be accounted for. It has its origin in the love of power.
Power controlled or abridged is almost always the rival and enemy
of that power by which it is controlled or abridged. This simple
proposition will teach us how little reason there is to expect, that
the persons intrusted with the administration of the affairs of the
particular members of a confederacy will at all times be ready, with
perfect good-humor, and an unbiased regard to the public weal, to
execute the resolutions or decrees of the general authority. The reverse
of this results from the constitution of human nature.
Public-domain text, read in full here on John Shaqi.
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