Constitutional history -- United States -- Sources; Constitutional law -- United States
Let the former be sacrificed to the latter. How far the sacrifice is
necessary, has been shown. How far the unsacrificed residue will be
endangered, is the question before us. Several important considerations
have been touched in the course of these papers, which discountenance
the supposition that the operation of the federal government will by
degrees prove fatal to the State governments. The more I revolve the
subject, the more fully I am persuaded that the balance is much more
likely to be disturbed by the preponderancy of the last than of the
first scale. We have seen, in all the examples of ancient and modern
confederacies, the strongest tendency continually betraying itself in
the members, to despoil the general government of its authorities, with
a very ineffectual capacity in the latter to defend itself against the
encroachments. Although, in most of these examples, the system has been
so dissimilar from that under consideration as greatly to weaken any
inference concerning the latter from the fate of the former, yet, as
the States will retain, under the proposed Constitution, a very
extensive portion of active sovereignty, the inference ought not to be
wholly disregarded. In the Achaean league it is probable that the
federal head had a degree and species of power, which gave it a
considerable likeness to the government framed by the convention. The
Lycian Confederacy, as far as its principles and form are transmitted,
must have borne a still greater analogy to it. Yet history does not
inform us that either of them ever degenerated, or tended to
degenerate, into one consolidated government. On the contrary, we know
that the ruin of one of them proceeded from the incapacity of the
federal authority to prevent the dissensions, and finally the disunion,
of the subordinate authorities. These cases are the more worthy of our
attention, as the external causes by which the component parts were
pressed together were much more numerous and powerful than in our case;
and consequently less powerful ligaments within would be sufficient to
bind the members to the head, and to each other. In the feudal system,
we have seen a similar propensity exemplified. Notwithstanding the want
of proper sympathy in every instance between the local sovereigns and
the people, and the sympathy in some instances between the general
sovereign and the latter, it usually happened that the local sovereigns
prevailed in the rivalship for encroachments.
Public-domain text, read in full here on John Shaqi.
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