Constitutional history -- United States -- Sources; Constitutional law -- United States
Ambition must be made to counteract ambition.
The interest of the man must be connected with the constitutional
rights of the place. It may be a reflection on human nature, that such
devices should be necessary to control the abuses of government. But
what is government itself, but the greatest of all reflections on human
nature? If men were angels, no government would be necessary. If angels
were to govern men, neither external nor internal controls on
government would be necessary. In framing a government which is to be
administered by men over men, the great difficulty lies in this: you
must first enable the government to control the governed; and in the
next place oblige it to control itself. A dependence on the people is,
no doubt, the primary control on the government; but experience has
taught mankind the necessity of auxiliary precautions. This policy of
supplying, by opposite and rival interests, the defect of better
motives, might be traced through the whole system of human affairs,
private as well as public. We see it particularly displayed in all the
subordinate distributions of power, where the constant aim is to divide
and arrange the several offices in such a manner as that each may be a
check on the other that the private interest of every individual may be
a sentinel over the public rights. These inventions of prudence cannot
be less requisite in the distribution of the supreme powers of the
State. But it is not possible to give to each department an equal power
of self-defense. In republican government, the legislative authority
necessarily predominates. The remedy for this inconveniency is to
divide the legislature into different branches; and to render them, by
different modes of election and different principles of action, as
little connected with each other as the nature of their common
functions and their common dependence on the society will admit. It may
even be necessary to guard against dangerous encroachments by still
further precautions. As the weight of the legislative authority
requires that it should be thus divided, the weakness of the executive
may require, on the other hand, that it should be fortified. An
absolute negative on the legislature appears, at first view, to be the
natural defense with which the executive magistrate should be armed.
But perhaps it would be neither altogether safe nor alone sufficient.
On ordinary occasions it might not be exerted with the requisite
firmness, and on extraordinary occasions it might be perfidiously
abused. May not this defect of an absolute negative be supplied by some
qualified connection between this weaker department and the weaker
branch of the stronger department, by which the latter may be led to
support the constitutional rights of the former, without being too much
detached from the rights of its own department? If the principles on
which these observations are founded be just, as I persuade myself they
Public-domain text, read in full here on John Shaqi.
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