Constitutional history -- United States -- Sources; Constitutional law -- United States
To argue upon abstract principles that this co-ordinate authority
cannot exist, is to set up supposition and theory against fact and
reality. However proper such reasonings might be to show that a thing
OUGHT NOT TO EXIST, they are wholly to be rejected when they are made
use of to prove that it does not exist contrary to the evidence of the
fact itself. It is well known that in the Roman republic the
legislative authority, in the last resort, resided for ages in two
different political bodies not as branches of the same legislature, but
as distinct and independent legislatures, in each of which an opposite
interest prevailed: in one the patrician; in the other, the plebian.
Many arguments might have been adduced to prove the unfitness of two
such seemingly contradictory authorities, each having power to ANNUL or
REPEAL the acts of the other. But a man would have been regarded as
frantic who should have attempted at Rome to disprove their existence.
It will be readily understood that I allude to the COMITIA CENTURIATA
and the COMITIA TRIBUTA. The former, in which the people voted by
centuries, was so arranged as to give a superiority to the patrician
interest; in the latter, in which numbers prevailed, the plebian
interest had an entire predominancy. And yet these two legislatures
coexisted for ages, and the Roman republic attained to the utmost
height of human greatness.
In the case particularly under consideration, there is no such
contradiction as appears in the example cited; there is no power on
either side to annul the acts of the other. And in practice there is
little reason to apprehend any inconvenience; because, in a short
course of time, the wants of the States will naturally reduce
themselves within A VERY NARROW COMPASS; and in the interim, the United
States will, in all probability, find it convenient to abstain wholly
from those objects to which the particular States would be inclined to
resort.
Public-domain text, read in full here on John Shaqi.
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