Constitutional history -- United States -- Sources; Constitutional law -- United States
that can be avoided, to be committed to the guardianship of any but
those whose situation will uniformly beget an immediate interest in the
faithful and vigilant performance of the trust.
PUBLIUS.
[1] 1st clause, 4th section, of the 1st article.
THE FEDERALIST.
No. LX.
The Same Subject Continued
(Concerning the Power of Congress to Regulate the Election of Members)
From the New York Packet.
Tuesday, February 26, 1788.
HAMILTON
To the People of the State of New York:
We have seen, that an uncontrollable power over the elections to the
federal government could not, without hazard, be committed to the State
legislatures. Let us now see, what would be the danger on the other
side; that is, from confiding the ultimate right of regulating its own
elections to the Union itself. It is not pretended, that this right
would ever be used for the exclusion of any State from its share in the
representation. The interest of all would, in this respect at least, be
the security of all. But it is alleged, that it might be employed in
such a manner as to promote the election of some favorite class of men
in exclusion of others, by confining the places of election to
particular districts, and rendering it impracticable to the citizens at
large to partake in the choice. Of all chimerical suppositions, this
seems to be the most chimerical. On the one hand, no rational
calculation of probabilities would lead us to imagine that the
disposition which a conduct so violent and extraordinary would imply,
could ever find its way into the national councils; and on the other,
it may be concluded with certainty, that if so improper a spirit should
ever gain admittance into them, it would display itself in a form
altogether different and far more decisive.
The improbability of the attempt may be satisfactorily inferred from
this single reflection, that it could never be made without causing an
immediate revolt of the great body of the people, headed and directed
by the State governments. It is not difficult to conceive that this
characteristic right of freedom may, in certain turbulent and factious
seasons, be violated, in respect to a particular class of citizens, by
a victorious and overbearing majority; but that so fundamental a
privilege, in a country so situated and enlightened, should be invaded
to the prejudice of the great mass of the people, by the deliberate
policy of the government, without occasioning a popular revolution, is
altogether inconceivable and incredible.
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