Constitutional history -- United States -- Sources; Constitutional law -- United States
If it be true that all governments
rest on opinion, it is no less true that the strength of opinion in
each individual, and its practical influence on his conduct, depend
much on the number which he supposes to have entertained the same
opinion. The reason of man, like man himself, is timid and cautious
when left alone, and acquires firmness and confidence in proportion to
the number with which it is associated. When the examples which fortify
opinion are ANCIENT as well as NUMEROUS, they are known to have a
double effect. In a nation of philosophers, this consideration ought to
be disregarded. A reverence for the laws would be sufficiently
inculcated by the voice of an enlightened reason. But a nation of
philosophers is as little to be expected as the philosophical race of
kings wished for by Plato. And in every other nation, the most rational
government will not find it a superfluous advantage to have the
prejudices of the community on its side. The danger of disturbing the
public tranquillity by interesting too strongly the public passions, is
a still more serious objection against a frequent reference of
constitutional questions to the decision of the whole society.
Notwithstanding the success which has attended the revisions of our
established forms of government, and which does so much honor to the
virtue and intelligence of the people of America, it must be confessed
that the experiments are of too ticklish a nature to be unnecessarily
multiplied. We are to recollect that all the existing constitutions
were formed in the midst of a danger which repressed the passions most
unfriendly to order and concord; of an enthusiastic confidence of the
people in their patriotic leaders, which stifled the ordinary diversity
of opinions on great national questions; of a universal ardor for new
and opposite forms, produced by a universal resentment and indignation
against the ancient government; and whilst no spirit of party connected
with the changes to be made, or the abuses to be reformed, could mingle
its leaven in the operation. The future situations in which we must
expect to be usually placed, do not present any equivalent security
against the danger which is apprehended. But the greatest objection of
all is, that the decisions which would probably result from such
appeals would not answer the purpose of maintaining the constitutional
equilibrium of the government. We have seen that the tendency of
republican governments is to an aggrandizement of the legislative at
the expense of the other departments. The appeals to the people,
therefore, would usually be made by the executive and judiciary
departments. But whether made by one side or the other, would each side
enjoy equal advantages on the trial? Let us view their different
situations. The members of the executive and judiciary departments are
few in number, and can be personally known to a small part only of the
people. The latter, by the mode of their appointment, as well as by the
Public-domain text, read in full here on John Shaqi.
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