Constitutional history -- United States -- Sources; Constitutional law -- United States
have been reasonably modified and disposed: that it must either have
been lodged wholly in the national legislature, or wholly in the State
legislatures, or primarily in the latter and ultimately in the former.
The last mode has, with reason, been preferred by the convention. They
have submitted the regulation of elections for the federal government,
in the first instance, to the local administrations; which, in ordinary
cases, and when no improper views prevail, may be both more convenient
and more satisfactory; but they have reserved to the national authority
a right to interpose, whenever extraordinary circumstances might render
that interposition necessary to its safety. Nothing can be more
evident, than that an exclusive power of regulating elections for the
national government, in the hands of the State legislatures, would
leave the existence of the Union entirely at their mercy. They could at
any moment annihilate it, by neglecting to provide for the choice of
persons to administer its affairs. It is to little purpose to say, that
a neglect or omission of this kind would not be likely to take place.
The constitutional possibility of the thing, without an equivalent for
the risk, is an unanswerable objection. Nor has any satisfactory reason
been yet assigned for incurring that risk. The extravagant surmises of
a distempered jealousy can never be dignified with that character. If
we are in a humor to presume abuses of power, it is as fair to presume
them on the part of the State governments as on the part of the general
government. And as it is more consonant to the rules of a just theory,
to trust the Union with the care of its own existence, than to transfer
that care to any other hands, if abuses of power are to be hazarded on
the one side or on the other, it is more rational to hazard them where
the power would naturally be placed, than where it would unnaturally be
placed. Suppose an article had been introduced into the Constitution,
empowering the United States to regulate the elections for the
particular States, would any man have hesitated to condemn it, both as
an unwarrantable transposition of power, and as a premeditated engine
for the destruction of the State governments? The violation of
principle, in this case, would have required no comment; and, to an
unbiased observer, it will not be less apparent in the project of
subjecting the existence of the national government, in a similar
respect, to the pleasure of the State governments. An impartial view of
the matter cannot fail to result in a conviction, that each, as far as
possible, ought to depend on itself for its own preservation. As an
objection to this position, it may be remarked that the constitution of
the national Senate would involve, in its full extent, the danger which
it is suggested might flow from an exclusive power in the State
legislatures to regulate the federal elections. It may be alleged, that
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