Constitutional history -- United States -- Sources; Constitutional law -- United States
Stability, on the contrary, requires that the hands in which power is
lodged should continue for a length of time the same. A frequent change
of men will result from a frequent return of elections; and a frequent
change of measures from a frequent change of men: whilst energy in
government requires not only a certain duration of power, but the
execution of it by a single hand.
How far the convention may have succeeded in this part of their work,
will better appear on a more accurate view of it. From the cursory view
here taken, it must clearly appear to have been an arduous part.
Not less arduous must have been the task of marking the proper line of
partition between the authority of the general and that of the State
governments. Every man will be sensible of this difficulty, in
proportion as he has been accustomed to contemplate and discriminate
objects extensive and complicated in their nature. The faculties of the
mind itself have never yet been distinguished and defined, with
satisfactory precision, by all the efforts of the most acute and
metaphysical philosophers. Sense, perception, judgment, desire,
volition, memory, imagination, are found to be separated by such
delicate shades and minute gradations that their boundaries have eluded
the most subtle investigations, and remain a pregnant source of
ingenious disquisition and controversy. The boundaries between the
great kingdom of nature, and, still more, between the various
provinces, and lesser portions, into which they are subdivided, afford
another illustration of the same important truth. The most sagacious
and laborious naturalists have never yet succeeded in tracing with
certainty the line which separates the district of vegetable life from
the neighboring region of unorganized matter, or which marks the
termination of the former and the commencement of the animal empire. A
still greater obscurity lies in the distinctive characters by which the
objects in each of these great departments of nature have been arranged
and assorted.
When we pass from the works of nature, in which all the delineations
are perfectly accurate, and appear to be otherwise only from the
imperfection of the eye which surveys them, to the institutions of man,
in which the obscurity arises as well from the object itself as from
the organ by which it is contemplated, we must perceive the necessity
of moderating still further our expectations and hopes from the efforts
of human sagacity. Experience has instructed us that no skill in the
science of government has yet been able to discriminate and define,
with sufficient certainty, its three great provinces the legislative,
executive, and judiciary; or even the privileges and powers of the
different legislative branches. Questions daily occur in the course of
practice, which prove the obscurity which reins in these subjects, and
which puzzle the greatest adepts in political science.
Public-domain text, read in full here on John Shaqi.
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