Constitutional history -- United States -- Sources; Constitutional law -- United States
If a return can be obtained, no matter by what unlawful means,
the irregular member, who takes his seat of course, is sure of holding
it a sufficient time to answer his purposes. Hence, a very pernicious
encouragement is given to the use of unlawful means, for obtaining
irregular returns. Were elections for the federal legislature to be
annual, this practice might become a very serious abuse, particularly
in the more distant States. Each house is, as it necessarily must be,
the judge of the elections, qualifications, and returns of its members;
and whatever improvements may be suggested by experience, for
simplifying and accelerating the process in disputed cases, so great a
portion of a year would unavoidably elapse, before an illegitimate
member could be dispossessed of his seat, that the prospect of such an
event would be little check to unfair and illicit means of obtaining a
seat. All these considerations taken together warrant us in affirming,
that biennial elections will be as useful to the affairs of the public
as we have seen that they will be safe to the liberty of the people.
PUBLIUS.
THE FEDERALIST.
No. LIV.
The Apportionment of Members Among the States
From the New York Packet. Tuesday, February 12, 1788.
HAMILTON OR MADISON
To the People of the State of New York:
The next view which I shall take of the House of Representatives
relates to the appointment of its members to the several States which
is to be determined by the same rule with that of direct taxes. It is
not contended that the number of people in each State ought not to be
the standard for regulating the proportion of those who are to
represent the people of each State. The establishment of the same rule
for the appointment of taxes, will probably be as little contested;
though the rule itself in this case, is by no means founded on the same
principle. In the former case, the rule is understood to refer to the
personal rights of the people, with which it has a natural and
universal connection.
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