Constitutional history -- United States -- Sources; Constitutional law -- United States
What, then, are the distinctive characters of the republican form? Were
an answer to this question to be sought, not by recurring to
principles, but in the application of the term by political writers, to
the constitution of different States, no satisfactory one would ever be
found. Holland, in which no particle of the supreme authority is
derived from the people, has passed almost universally under the
denomination of a republic. The same title has been bestowed on Venice,
where absolute power over the great body of the people is exercised, in
the most absolute manner, by a small body of hereditary nobles. Poland,
which is a mixture of aristocracy and of monarchy in their worst forms,
has been dignified with the same appellation. The government of
England, which has one republican branch only, combined with an
hereditary aristocracy and monarchy, has, with equal impropriety, been
frequently placed on the list of republics. These examples, which are
nearly as dissimilar to each other as to a genuine republic, show the
extreme inaccuracy with which the term has been used in political
disquisitions.
If we resort for a criterion to the different principles on which
different forms of government are established, we may define a republic
to be, or at least may bestow that name on, a government which derives
all its powers directly or indirectly from the great body of the
people, and is administered by persons holding their offices during
pleasure, for a limited period, or during good behavior. It is
ESSENTIAL to such a government that it be derived from the great body
of the society, not from an inconsiderable proportion, or a favored
class of it; otherwise a handful of tyrannical nobles, exercising their
oppressions by a delegation of their powers, might aspire to the rank
of republicans, and claim for their government the honorable title of
republic. It is SUFFICIENT for such a government that the persons
administering it be appointed, either directly or indirectly, by the
people; and that they hold their appointments by either of the tenures
just specified; otherwise every government in the United States, as
well as every other popular government that has been or can be well
organized or well executed, would be degraded from the republican
character. According to the constitution of every State in the Union,
some or other of the officers of government are appointed indirectly
only by the people. According to most of them, the chief magistrate
himself is so appointed. And according to one, this mode of appointment
is extended to one of the co-ordinate branches of the legislature.
According to all the constitutions, also, the tenure of the highest
offices is extended to a definite period, and in many instances, both
within the legislative and executive departments, to a period of years.
According to the provisions of most of the constitutions, again, as
well as according to the most respectable and received opinions on the
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