Constitutional history -- United States -- Sources; Constitutional law -- United States
We found in the last paper, that mere declarations in the written
constitution are not sufficient to restrain the several departments
within their legal rights. It appears in this, that occasional appeals
to the people would be neither a proper nor an effectual provision for
that purpose. How far the provisions of a different nature contained in
the plan above quoted might be adequate, I do not examine. Some of them
are unquestionably founded on sound political principles, and all of
them are framed with singular ingenuity and precision.
PUBLIUS.
THE FEDERALIST.
No. L.
Periodical Appeals to the People Considered
From the New York Packet. Tuesday, February 5, 1788.
HAMILTON OR MADISON
To the People of the State of New York:
It may be contended, perhaps, that instead of OCCASIONAL appeals to the
people, which are liable to the objections urged against them,
PERIODICAL appeals are the proper and adequate means of PREVENTING AND
CORRECTING INFRACTIONS OF THE CONSTITUTION. It will be attended to,
that in the examination of these expedients, I confine myself to their
aptitude for ENFORCING the Constitution, by keeping the several
departments of power within their due bounds, without particularly
considering them as provisions for ALTERING the Constitution itself. In
the first view, appeals to the people at fixed periods appear to be
nearly as ineligible as appeals on particular occasions as they emerge.
If the periods be separated by short intervals, the measures to be
reviewed and rectified will have been of recent date, and will be
connected with all the circumstances which tend to vitiate and pervert
the result of occasional revisions. If the periods be distant from each
other, the same remark will be applicable to all recent measures; and
in proportion as the remoteness of the others may favor a dispassionate
review of them, this advantage is inseparable from inconveniences which
seem to counterbalance it. In the first place, a distant prospect of
public censure would be a very feeble restraint on power from those
excesses to which it might be urged by the force of present motives. Is
it to be imagined that a legislative assembly, consisting of a hundred
or two hundred members, eagerly bent on some favorite object, and
breaking through the restraints of the Constitution in pursuit of it,
would be arrested in their career, by considerations drawn from a
censorial revision of their conduct at the future distance of ten,
fifteen, or twenty years? In the next place, the abuses would often
have completed their mischievous effects before the remedial provision
would be applied. And in the last place, where this might not be the
case, they would be of long standing, would have taken deep root, and
would not easily be extirpated. The scheme of revising the
constitution, in order to correct recent breaches of it, as well as for
other purposes, has been actually tried in one of the States. One of
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