Constitutional history -- United States -- Sources; Constitutional law -- United States
Independent of all other reasonings upon the subject, it is a full
answer to those who require a more peremptory provision against
military establishments in time of peace, to say that the whole power
of the proposed government is to be in the hands of the representatives
of the people. This is the essential, and, after all, only efficacious
security for the rights and privileges of the people, which is
attainable in civil society.[1]
If the representatives of the people betray their constituents, there
is then no resource left but in the exertion of that original right of
self-defense which is paramount to all positive forms of government,
and which against the usurpations of the national rulers, may be
exerted with infinitely better prospect of success than against those
of the rulers of an individual state. In a single state, if the persons
intrusted with supreme power become usurpers, the different parcels,
subdivisions, or districts of which it consists, having no distinct
government in each, can take no regular measures for defense. The
citizens must rush tumultuously to arms, without concert, without
system, without resource; except in their courage and despair. The
usurpers, clothed with the forms of legal authority, can too often
crush the opposition in embryo. The smaller the extent of the
territory, the more difficult will it be for the people to form a
regular or systematic plan of opposition, and the more easy will it be
to defeat their early efforts. Intelligence can be more speedily
obtained of their preparations and movements, and the military force in
the possession of the usurpers can be more rapidly directed against the
part where the opposition has begun. In this situation there must be a
peculiar coincidence of circumstances to insure success to the popular
resistance.
The obstacles to usurpation and the facilities of resistance increase
with the increased extent of the state, provided the citizens
understand their rights and are disposed to defend them. The natural
strength of the people in a large community, in proportion to the
artificial strength of the government, is greater than in a small, and
of course more competent to a struggle with the attempts of the
government to establish a tyranny. But in a confederacy the people,
without exaggeration, may be said to be entirely the masters of their
own fate. Power being almost always the rival of power, the general
government will at all times stand ready to check the usurpations of
the state governments, and these will have the same disposition towards
the general government. The people, by throwing themselves into either
scale, will infallibly make it preponderate. If their rights are
invaded by either, they can make use of the other as the instrument of
redress. How wise will it be in them by cherishing the union to
preserve to themselves an advantage which can never be too highly
prized!
Public-domain text, read in full here on John Shaqi.
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