Constitutional history -- United States -- Sources; Constitutional law -- United States
No offices therefore can be dealt out to the existing members but such
as may become vacant by ordinary casualties: and to suppose that these
would be sufficient to purchase the guardians of the people, selected
by the people themselves, is to renounce every rule by which events
ought to be calculated, and to substitute an indiscriminate and
unbounded jealousy, with which all reasoning must be vain. The sincere
friends of liberty, who give themselves up to the extravagancies of
this passion, are not aware of the injury they do their own cause. As
there is a degree of depravity in mankind which requires a certain
degree of circumspection and distrust, so there are other qualities in
human nature which justify a certain portion of esteem and confidence.
Republican government presupposes the existence of these qualities in a
higher degree than any other form. Were the pictures which have been
drawn by the political jealousy of some among us faithful likenesses of
the human character, the inference would be, that there is not
sufficient virtue among men for self-government; and that nothing less
than the chains of despotism can restrain them from destroying and
devouring one another.
PUBLIUS.
THE FEDERALIST.
No. LVI.
The Same Subject Continued (The Total Number of the House of
Representatives)
From the New York Packet. Tuesday, February 19, 1788.
HAMILTON OR MADISON
To the People of the State of New York:
The second charge against the House of Representatives is, that it will
be too small to possess a due knowledge of the interests of its
constituents. As this objection evidently proceeds from a comparison of
the proposed number of representatives with the great extent of the
United States, the number of their inhabitants, and the diversity of
their interests, without taking into view at the same time the
circumstances which will distinguish the Congress from other
legislative bodies, the best answer that can be given to it will be a
brief explanation of these peculiarities. It is a sound and important
principle that the representative ought to be acquainted with the
interests and circumstances of his constituents. But this principle can
extend no further than to those circumstances and interests to which
the authority and care of the representative relate. An ignorance of a
variety of minute and particular objects, which do not lie within the
compass of legislation, is consistent with every attribute necessary to
a due performance of the legislative trust. In determining the extent
of information required in the exercise of a particular authority,
recourse then must be had to the objects within the purview of that
authority. What are to be the objects of federal legislation? Those
which are of most importance, and which seem most to require local
knowledge, are commerce, taxation, and the militia. A proper regulation
of commerce requires much information, as has been elsewhere remarked;
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