The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
M^r Gov^r Morris. Some check being necessary on the Legislature, the
question is in what hands it should be lodged. On one side it was
contended that the Executive alone ought to exercise it. He did not
think that an Executive appointed for 6 years, and impeachable whilst in
office w^d be a very effectual check. On the other side it was urged
that he ought to be reinforced by the Judiciary department. Ag^{st} this
it was objected that Expositors of laws ought to have no hand in making
them, and arguments in favor of this had been drawn from England. What
weight was due to them might be easily determined by an attention to
facts. The truth was that the Judges in England had a great share in y^e
Legislation. They are consulted in difficult & doubtful cases. They may
be & some of them are members of the Legislature. They are or may be
members of the privy Council, and can there advise the Executive as they
will do with us if the motion succeeds. The influence the English Judges
may have in the latter capacity in strengthening the Executive check can
not be ascertained, as the King by his influence in a manner dictates
the laws. There is one difference in the two cases however which
disconcerts all reasoning from the British to our proposed Constitution.
The British Executive has so great an interest in his prerogatives and
such powerful means of defending them that he will never yield any part
of them. The interest of our Executive is so inconsiderable & so
transitory, and his means of defending it so feeble, that there is the
justest ground to fear his want of firmness in resisting incroachments.
He was extremely apprehensive that the auxiliary firmness & weight of
the Judiciary would not supply the deficiency. He concurred in thinking
the public liberty in greater danger from Legislative usurpations than
from any other source. It had been said that the Legislature ought to be
relied on as the proper Guardians of liberty. The answer was short and
conclusive. Either bad laws will be pushed or not. On the latter
supposition no check will be wanted. On the former a strong check will
be necessary: and this is the proper supposition. Emissions of paper
money, largesses to the people--a remission of debts and similar
measures, will at some times be popular, and will be pushed for that
reason. At other times such measures will coincide with the interests of
the Legislature themselves, & that will be a reason not less cogent for
pushing them. It may be thought that the people will not be deluded and
misled in the latter case. But experience teaches another lesson. The
press is indeed a great means of diminishing the evil, yet it is found
to be unable to prevent it altogether.
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