Constitutional history -- United States -- Sources; Constitutional law -- United States
It may be objected to this, that not seven but nine States, or two
thirds of the whole number, must consent to the most important
resolutions; and it may be thence inferred that nine States would
always comprehend a majority of the Union. But this does not obviate
the impropriety of an equal vote between States of the most unequal
dimensions and populousness; nor is the inference accurate in point of
fact; for we can enumerate nine States which contain less than a
majority of the people;[4] and it is constitutionally possible that
these nine may give the vote. Besides, there are matters of
considerable moment determinable by a bare majority; and there are
others, concerning which doubts have been entertained, which, if
interpreted in favor of the sufficiency of a vote of seven States,
would extend its operation to interests of the first magnitude. In
addition to this, it is to be observed that there is a probability of
an increase in the number of States, and no provision for a
proportional augmentation of the ratio of votes.
But this is not all: what at first sight may seem a remedy, is, in
reality, a poison. To give a minority a negative upon the majority
(which is always the case where more than a majority is requisite to a
decision), is, in its tendency, to subject the sense of the greater
number to that of the lesser. Congress, from the nonattendance of a few
States, have been frequently in the situation of a Polish diet, where a
single VOTE has been sufficient to put a stop to all their movements. A
sixtieth part of the Union, which is about the proportion of Delaware
and Rhode Island, has several times been able to oppose an entire bar
to its operations. This is one of those refinements which, in practice,
has an effect the reverse of what is expected from it in theory. The
necessity of unanimity in public bodies, or of something approaching
towards it, has been founded upon a supposition that it would
contribute to security. But its real operation is to embarrass the
administration, to destroy the energy of the government, and to
substitute the pleasure, caprice, or artifices of an insignificant,
turbulent, or corrupt junto, to the regular deliberations and decisions
of a respectable majority. In those emergencies of a nation, in which
the goodness or badness, the weakness or strength of its government, is
of the greatest importance, there is commonly a necessity for action.
The public business must, in some way or other, go forward. If a
pertinacious minority can control the opinion of a majority, respecting
the best mode of conducting it, the majority, in order that something
may be done, must conform to the views of the minority; and thus the
sense of the smaller number will overrule that of the greater, and give
a tone to the national proceedings. Hence, tedious delays; continual
negotiation and intrigue; contemptible compromises of the public good.
And yet, in such a system, it is even happy when such compromises can
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