Constitutional history -- United States -- Sources; Constitutional law -- United States
are, and they be applied as a criterion to the several State
constitutions, and to the federal Constitution it will be found that if
the latter does not perfectly correspond with them, the former are
infinitely less able to bear such a test. There are, moreover, two
considerations particularly applicable to the federal system of
America, which place that system in a very interesting point of view.
First. In a single republic, all the power surrendered by the people is
submitted to the administration of a single government; and the
usurpations are guarded against by a division of the government into
distinct and separate departments. In the compound republic of America,
the power surrendered by the people is first divided between two
distinct governments, and then the portion allotted to each subdivided
among distinct and separate departments. Hence a double security arises
to the rights of the people. The different governments will control
each other, at the same time that each will be controlled by itself.
Second. It is of great importance in a republic not only to guard the
society against the oppression of its rulers, but to guard one part of
the society against the injustice of the other part. Different
interests necessarily exist in different classes of citizens. If a
majority be united by a common interest, the rights of the minority
will be insecure. There are but two methods of providing against this
evil: the one by creating a will in the community independent of the
majority that is, of the society itself; the other, by comprehending in
the society so many separate descriptions of citizens as will render an
unjust combination of a majority of the whole very improbable, if not
impracticable. The first method prevails in all governments possessing
an hereditary or self-appointed authority. This, at best, is but a
precarious security; because a power independent of the society may as
well espouse the unjust views of the major, as the rightful interests
of the minor party, and may possibly be turned against both parties.
The second method will be exemplified in the federal republic of the
United States. Whilst all authority in it will be derived from and
dependent on the society, the society itself will be broken into so
many parts, interests, and classes of citizens, that the rights of
individuals, or of the minority, will be in little danger from
interested combinations of the majority. In a free government the
security for civil rights must be the same as that for religious
rights. It consists in the one case in the multiplicity of interests,
and in the other in the multiplicity of sects. The degree of security
in both cases will depend on the number of interests and sects; and
this may be presumed to depend on the extent of country and number of
people comprehended under the same government. This view of the subject
must particularly recommend a proper federal system to all the sincere
Public-domain text, read in full here on John Shaqi.
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