Constitutional history -- United States -- Sources; Constitutional law -- United States
I shall here, perhaps, be reminded of a current observation, “that
where annual elections end, tyranny begins. “ If it be true, as has
often been remarked, that sayings which become proverbial are generally
founded in reason, it is not less true, that when once established,
they are often applied to cases to which the reason of them does not
extend. I need not look for a proof beyond the case before us. What is
the reason on which this proverbial observation is founded? No man will
subject himself to the ridicule of pretending that any natural
connection subsists between the sun or the seasons, and the period
within which human virtue can bear the temptations of power. Happily
for mankind, liberty is not, in this respect, confined to any single
point of time; but lies within extremes, which afford sufficient
latitude for all the variations which may be required by the various
situations and circumstances of civil society. The election of
magistrates might be, if it were found expedient, as in some instances
it actually has been, daily, weekly, or monthly, as well as annual; and
if circumstances may require a deviation from the rule on one side, why
not also on the other side? Turning our attention to the periods
established among ourselves, for the election of the most numerous
branches of the State legislatures, we find them by no means coinciding
any more in this instance, than in the elections of other civil
magistrates. In Connecticut and Rhode Island, the periods are
half-yearly. In the other States, South Carolina excepted, they are
annual. In South Carolina they are biennial as is proposed in the
federal government. Here is a difference, as four to one, between the
longest and shortest periods; and yet it would be not easy to show,
that Connecticut or Rhode Island is better governed, or enjoys a
greater share of rational liberty, than South Carolina; or that either
the one or the other of these States is distinguished in these
respects, and by these causes, from the States whose elections are
different from both. In searching for the grounds of this doctrine, I
can discover but one, and that is wholly inapplicable to our case. The
important distinction so well understood in America, between a
Constitution established by the people and unalterable by the
government, and a law established by the government and alterable by
the government, seems to have been little understood and less observed
in any other country. Wherever the supreme power of legislation has
resided, has been supposed to reside also a full power to change the
form of the government. Even in Great Britain, where the principles of
political and civil liberty have been most discussed, and where we hear
most of the rights of the Constitution, it is maintained that the
authority of the Parliament is transcendent and uncontrollable, as well
with regard to the Constitution, as the ordinary objects of legislative
provision. They have accordingly, in several instances, actually
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