Constitutional history -- United States -- Sources; Constitutional law -- United States
nature and permanency of it, are too far removed from the people to
share much in their prepossessions. The former are generally the
objects of jealousy, and their administration is always liable to be
discolored and rendered unpopular. The members of the legislative
department, on the other hand, are numberous. They are distributed and
dwell among the people at large. Their connections of blood, of
friendship, and of acquaintance embrace a great proportion of the most
influential part of the society. The nature of their public trust
implies a personal influence among the people, and that they are more
immediately the confidential guardians of the rights and liberties of
the people. With these advantages, it can hardly be supposed that the
adverse party would have an equal chance for a favorable issue. But the
legislative party would not only be able to plead their cause most
successfully with the people. They would probably be constituted
themselves the judges.
The same influence which had gained them an election into the
legislature, would gain them a seat in the convention. If this should
not be the case with all, it would probably be the case with many, and
pretty certainly with those leading characters, on whom every thing
depends in such bodies. The convention, in short, would be composed
chiefly of men who had been, who actually were, or who expected to be,
members of the department whose conduct was arraigned. They would
consequently be parties to the very question to be decided by them. It
might, however, sometimes happen, that appeals would be made under
circumstances less adverse to the executive and judiciary departments.
The usurpations of the legislature might be so flagrant and so sudden,
as to admit of no specious coloring. A strong party among themselves
might take side with the other branches. The executive power might be
in the hands of a peculiar favorite of the people. In such a posture of
things, the public decision might be less swayed by prepossessions in
favor of the legislative party. But still it could never be expected to
turn on the true merits of the question. It would inevitably be
connected with the spirit of pre-existing parties, or of parties
springing out of the question itself. It would be connected with
persons of distinguished character and extensive influence in the
community. It would be pronounced by the very men who had been agents
in, or opponents of, the measures to which the decision would relate.
The PASSIONS, therefore, not the REASON, of the public would sit in
judgment. But it is the reason, alone, of the public, that ought to
control and regulate the government. The passions ought to be
controlled and regulated by the government.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account