Constitutional history -- United States -- Sources; Constitutional law -- United States
changed, by legislative acts, some of the most fundamental articles of
the government. They have in particular, on several occasions, changed
the period of election; and, on the last occasion, not only introduced
septennial in place of triennial elections, but by the same act,
continued themselves in place four years beyond the term for which they
were elected by the people. An attention to these dangerous practices
has produced a very natural alarm in the votaries of free government,
of which frequency of elections is the corner-stone; and has led them
to seek for some security to liberty, against the danger to which it is
exposed. Where no Constitution, paramount to the government, either
existed or could be obtained, no constitutional security, similar to
that established in the United States, was to be attempted. Some other
security, therefore, was to be sought for; and what better security
would the case admit, than that of selecting and appealing to some
simple and familiar portion of time, as a standard for measuring the
danger of innovations, for fixing the national sentiment, and for
uniting the patriotic exertions? The most simple and familiar portion
of time, applicable to the subject was that of a year; and hence the
doctrine has been inculcated by a laudable zeal, to erect some barrier
against the gradual innovations of an unlimited government, that the
advance towards tyranny was to be calculated by the distance of
departure from the fixed point of annual elections. But what necessity
can there be of applying this expedient to a government limited, as the
federal government will be, by the authority of a paramount
Constitution? Or who will pretend that the liberties of the people of
America will not be more secure under biennial elections, unalterably
fixed by such a Constitution, than those of any other nation would be,
where elections were annual, or even more frequent, but subject to
alterations by the ordinary power of the government? The second
question stated is, whether biennial elections be necessary or useful.
The propriety of answering this question in the affirmative will appear
from several very obvious considerations. No man can be a competent
legislator who does not add to an upright intention and a sound
judgment a certain degree of knowledge of the subjects on which he is
to legislate. A part of this knowledge may be acquired by means of
information which lie within the compass of men in private as well as
public stations. Another part can only be attained, or at least
thoroughly attained, by actual experience in the station which requires
the use of it. The period of service, ought, therefore, in all such
cases, to bear some proportion to the extent of practical knowledge
requisite to the due performance of the service. The period of
legislative service established in most of the States for the more
numerous branch is, as we have seen, one year. The question then may be
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