Constitutional history -- United States -- Sources; Constitutional law -- United States
As it is essential to liberty that the
government in general should have a common interest with the people, so
it is particularly essential that the branch of it under consideration
should have an immediate dependence on, and an intimate sympathy with,
the people. Frequent elections are unquestionably the only policy by
which this dependence and sympathy can be effectually secured. But what
particular degree of frequency may be absolutely necessary for the
purpose, does not appear to be susceptible of any precise calculation,
and must depend on a variety of circumstances with which it may be
connected. Let us consult experience, the guide that ought always to be
followed whenever it can be found. The scheme of representation, as a
substitute for a meeting of the citizens in person, being at most but
very imperfectly known to ancient polity, it is in more modern times
only that we are to expect instructive examples. And even here, in
order to avoid a research too vague and diffusive, it will be proper to
confine ourselves to the few examples which are best known, and which
bear the greatest analogy to our particular case. The first to which
this character ought to be applied, is the House of Commons in Great
Britain. The history of this branch of the English Constitution,
anterior to the date of Magna Charta, is too obscure to yield
instruction. The very existence of it has been made a question among
political antiquaries. The earliest records of subsequent date prove
that parliaments were to SIT only every year; not that they were to be
ELECTED every year. And even these annual sessions were left so much at
the discretion of the monarch, that, under various pretexts, very long
and dangerous intermissions were often contrived by royal ambition. To
remedy this grievance, it was provided by a statute in the reign of
Charles II. , that the intermissions should not be protracted beyond a
period of three years. On the accession of William III., when a
revolution took place in the government, the subject was still more
seriously resumed, and it was declared to be among the fundamental
rights of the people that parliaments ought to be held FREQUENTLY. By
another statute, which passed a few years later in the same reign, the
term “frequently,” which had alluded to the triennial period settled in
the time of Charles II., is reduced to a precise meaning, it being
expressly enacted that a new parliament shall be called within three
years after the termination of the former. The last change, from three
to seven years, is well known to have been introduced pretty early in
the present century, under on alarm for the Hanoverian succession. From
these facts it appears that the greatest frequency of elections which
has been deemed necessary in that kingdom, for binding the
representatives to their constituents, does not exceed a triennial
return of them. And if we may argue from the degree of liberty retained
Public-domain text, read in full here on John Shaqi.
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