Constitutional history -- United States -- Sources; Constitutional law -- United States
by declining the appointment of Senators, they might at any time give a
fatal blow to the Union; and from this it may be inferred, that as its
existence would be thus rendered dependent upon them in so essential a
point, there can be no objection to intrusting them with it in the
particular case under consideration. The interest of each State, it may
be added, to maintain its representation in the national councils,
would be a complete security against an abuse of the trust. This
argument, though specious, will not, upon examination, be found solid.
It is certainly true that the State legislatures, by forbearing the
appointment of senators, may destroy the national government. But it
will not follow that, because they have a power to do this in one
instance, they ought to have it in every other. There are cases in
which the pernicious tendency of such a power may be far more decisive,
without any motive equally cogent with that which must have regulated
the conduct of the convention in respect to the formation of the
Senate, to recommend their admission into the system. So far as that
construction may expose the Union to the possibility of injury from the
State legislatures, it is an evil; but it is an evil which could not
have been avoided without excluding the States, in their political
capacities, wholly from a place in the organization of the national
government. If this had been done, it would doubtless have been
interpreted into an entire dereliction of the federal principle; and
would certainly have deprived the State governments of that absolute
safeguard which they will enjoy under this provision. But however wise
it may have been to have submitted in this instance to an
inconvenience, for the attainment of a necessary advantage or a greater
good, no inference can be drawn from thence to favor an accumulation of
the evil, where no necessity urges, nor any greater good invites. It
may be easily discerned also that the national government would run a
much greater risk from a power in the State legislatures over the
elections of its House of Representatives, than from their power of
appointing the members of its Senate. The senators are to be chosen for
the period of six years; there is to be a rotation, by which the seats
of a third part of them are to be vacated and replenished every two
years; and no State is to be entitled to more than two senators; a
quorum of the body is to consist of sixteen members. The joint result
of these circumstances would be, that a temporary combination of a few
States to intermit the appointment of senators, could neither annul the
existence nor impair the activity of the body; and it is not from a
general and permanent combination of the States that we can have any
thing to fear. The first might proceed from sinister designs in the
leading members of a few of the State legislatures; the last would
suppose a fixed and rooted disaffection in the great body of the
Public-domain text, read in full here on John Shaqi.
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