Constitutional history -- United States -- Sources; Constitutional law -- United States
THE FEDERALIST.
No. XXVI.
The Idea of Restraining the Legislative Authority in Regard to the
Common Defense Considered
For the Independent Journal.
HAMILTON
To the People of the State of New York:
It was a thing hardly to be expected that in a popular revolution the
minds of men should stop at that happy mean which marks the salutary
boundary between POWER and PRIVILEGE, and combines the energy of
government with the security of private rights. A failure in this
delicate and important point is the great source of the inconveniences
we experience, and if we are not cautious to avoid a repetition of the
error, in our future attempts to rectify and ameliorate our system, we
may travel from one chimerical project to another; we may try change
after change; but we shall never be likely to make any material change
for the better.
The idea of restraining the legislative authority, in the means of
providing for the national defense, is one of those refinements which
owe their origin to a zeal for liberty more ardent than enlightened. We
have seen, however, that it has not had thus far an extensive
prevalency; that even in this country, where it made its first
appearance, Pennsylvania and North Carolina are the only two States by
which it has been in any degree patronized; and that all the others
have refused to give it the least countenance; wisely judging that
confidence must be placed somewhere; that the necessity of doing it, is
implied in the very act of delegating power; and that it is better to
hazard the abuse of that confidence than to embarrass the government
and endanger the public safety by impolitic restrictions on the
legislative authority. The opponents of the proposed Constitution
combat, in this respect, the general decision of America; and instead
of being taught by experience the propriety of correcting any extremes
into which we may have heretofore run, they appear disposed to conduct
us into others still more dangerous, and more extravagant. As if the
tone of government had been found too high, or too rigid, the doctrines
they teach are calculated to induce us to depress or to relax it, by
expedients which, upon other occasions, have been condemned or
forborne. It may be affirmed without the imputation of invective, that
if the principles they inculcate, on various points, could so far
obtain as to become the popular creed, they would utterly unfit the
people of this country for any species of government whatever. But a
danger of this kind is not to be apprehended. The citizens of America
have too much discernment to be argued into anarchy. And I am much
mistaken, if experience has not wrought a deep and solemn conviction in
the public mind, that greater energy of government is essential to the
welfare and prosperity of the community.
Public-domain text, read in full here on John Shaqi.
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