The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
M^r Sherman was ag^{st} enabling any one man to stop the will of the
whole. No one man could be found so far above all the rest in wisdom. He
thought we ought to avail ourselves of his wisdom in revising the laws,
but not permit him to overrule the decided and cool opinions of the
Legislature.
M^r Madison supposed that if a proper proportion of each branch should
be required to overrule the objections of the Executive, it would answer
the same purpose as an absolute negative. It would rarely if ever happen
that the Executive constituted as ours is proposed to be, would have
firmness eno' to resist the legislature, unless backed by a certain part
of the body itself. The King of G. B. with all his splendid attributes
would not be able to withstand y^e unanimous and eager wishes of both
houses of Parliament. To give such a prerogative would certainly be
obnoxious to the temper of this Country; its present temper at least.
M^r Wilson believed as others did that this power would seldom be used.
The Legislature would know that such a power existed, and would refrain
from such laws, as it would be sure to defeat. Its silent operation
would therefore preserve harmony and prevent mischief. The case of Pen^a
formerly was very different from its present case. The Executive was not
then as now to be appointed by the people. It will not in this case as
in the one cited be supported by the head of a Great Empire, actuated by
a different & sometimes opposite interest. The salary too is now
proposed to be fixed by the Constitution, or if D^r F.'s idea should be
adopted all salary whatever interdicted. The requiring a large
proportion of each House to overrule the Executive check might do in
peaceable times; but there might be tempestuous moments in which
animosities may run high between the Executive and Legislative branches,
and in which the former ought to be able to defend itself.
M^r Butler had been in favor of a single Executive Magistrate; but could
he have entertained an idea that a compleat negative on the laws was to
be given him he certainly should have acted very differently. It had
been observed that in all countries the Executive power is in a constant
course of increase. This was certainly the case in G. B. Gentlemen
seemed to think that we had nothing to apprehend from an abuse of the
Executive power. But why might not a Cataline or a Cromwell arise in
this Country as well as in others.
M^r Bedford was opposed to every check on the Legislature, even the
Council of Revision first proposed. He thought it would be sufficient to
mark out in the Constitution the boundaries to the Legislative
Authority, which would give all the requisite security to the rights of
the other departments. The Representatives of the people were the best
Judges of what was for their interest, and ought to be under no external
controul whatever. The two branches would produce a sufficient controul
within the Legislature itself.
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