Constitutional history -- United States -- Sources; Constitutional law -- United States
If a faction consists of less than a majority, relief is supplied by
the republican principle, which enables the majority to defeat its
sinister views by regular vote. It may clog the administration, it may
convulse the society; but it will be unable to execute and mask its
violence under the forms of the Constitution. When a majority is
included in a faction, the form of popular government, on the other
hand, enables it to sacrifice to its ruling passion or interest both
the public good and the rights of other citizens. To secure the public
good and private rights against the danger of such a faction, and at
the same time to preserve the spirit and the form of popular
government, is then the great object to which our inquiries are
directed. Let me add that it is the great desideratum by which this
form of government can be rescued from the opprobrium under which it
has so long labored, and be recommended to the esteem and adoption of
mankind.
By what means is this object attainable? Evidently by one of two only.
Either the existence of the same passion or interest in a majority at
the same time must be prevented, or the majority, having such
coexistent passion or interest, must be rendered, by their number and
local situation, unable to concert and carry into effect schemes of
oppression. If the impulse and the opportunity be suffered to coincide,
we well know that neither moral nor religious motives can be relied on
as an adequate control. They are not found to be such on the injustice
and violence of individuals, and lose their efficacy in proportion to
the number combined together, that is, in proportion as their efficacy
becomes needful.
From this view of the subject it may be concluded that a pure
democracy, by which I mean a society consisting of a small number of
citizens, who assemble and administer the government in person, can
admit of no cure for the mischiefs of faction. A common passion or
interest will, in almost every case, be felt by a majority of the
whole; a communication and concert result from the form of government
itself; and there is nothing to check the inducements to sacrifice the
weaker party or an obnoxious individual. Hence it is that such
democracies have ever been spectacles of turbulence and contention;
have ever been found incompatible with personal security or the rights
of property; and have in general been as short in their lives as they
have been violent in their deaths. Theoretic politicians, who have
patronized this species of government, have erroneously supposed that
by reducing mankind to a perfect equality in their political rights,
they would, at the same time, be perfectly equalized and assimilated in
their possessions, their opinions, and their passions.
Public-domain text, read in full here on John Shaqi.
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