Constitutional history -- United States -- Sources; Constitutional law -- United States
It has been urged, in different shapes, that a Constitution of the kind
proposed by the convention cannot operate without the aid of a military
force to execute its laws. This, however, like most other things that
have been alleged on that side, rests on mere general assertion,
unsupported by any precise or intelligible designation of the reasons
upon which it is founded. As far as I have been able to divine the
latent meaning of the objectors, it seems to originate in a
presupposition that the people will be disinclined to the exercise of
federal authority in any matter of an internal nature. Waiving any
exception that might be taken to the inaccuracy or inexplicitness of
the distinction between internal and external, let us inquire what
ground there is to presuppose that disinclination in the people. Unless
we presume at the same time that the powers of the general government
will be worse administered than those of the State government, there
seems to be no room for the presumption of ill-will, disaffection, or
opposition in the people. I believe it may be laid down as a general
rule that their confidence in and obedience to a government will
commonly be proportioned to the goodness or badness of its
administration. It must be admitted that there are exceptions to this
rule; but these exceptions depend so entirely on accidental causes,
that they cannot be considered as having any relation to the intrinsic
merits or demerits of a constitution. These can only be judged of by
general principles and maxims.
Public-domain text, read in full here on John Shaqi.
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