Constitutional history -- United States -- Sources; Constitutional law -- United States
States, than what may result from their superior number alone. As far,
therefore, as their superior wealth and weight may justly entitle them
to any advantage, it ought to be secured to them by a superior share of
representation. The new Constitution is, in this respect, materially
different from the existing Confederation, as well as from that of the
United Netherlands, and other similar confederacies. In each of the
latter, the efficacy of the federal resolutions depends on the
subsequent and voluntary resolutions of the states composing the union.
Hence the states, though possessing an equal vote in the public
councils, have an unequal influence, corresponding with the unequal
importance of these subsequent and voluntary resolutions. Under the
proposed Constitution, the federal acts will take effect without the
necessary intervention of the individual States. They will depend
merely on the majority of votes in the federal legislature, and
consequently each vote, whether proceeding from a larger or smaller
State, or a State more or less wealthy or powerful, will have an equal
weight and efficacy: in the same manner as the votes individually given
in a State legislature, by the representatives of unequal counties or
other districts, have each a precise equality of value and effect; or
if there be any difference in the case, it proceeds from the difference
in the personal character of the individual representative, rather than
from any regard to the extent of the district from which he comes.
“Such is the reasoning which an advocate for the Southern interests
might employ on this subject; and although it may appear to be a little
strained in some points, yet, on the whole, I must confess that it
fully reconciles me to the scale of representation which the convention
have established. In one respect, the establishment of a common measure
for representation and taxation will have a very salutary effect. As
the accuracy of the census to be obtained by the Congress will
necessarily depend, in a considerable degree on the disposition, if not
on the co-operation, of the States, it is of great importance that the
States should feel as little bias as possible, to swell or to reduce
the amount of their numbers. Were their share of representation alone
to be governed by this rule, they would have an interest in
exaggerating their inhabitants. Were the rule to decide their share of
taxation alone, a contrary temptation would prevail. By extending the
rule to both objects, the States will have opposite interests, which
will control and balance each other, and produce the requisite
impartiality.
PUBLIUS.
THE FEDERALIST.
No. LV.
The Total Number of the House of Representatives
From the New York Packet. Friday, February 15, 1788.
HAMILTON OR MADISON
To the People of the State of New York:
Public-domain text, read in full here on John Shaqi.
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