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 Madison. There are objections ag^{st} every mode that has been, or
perhaps can be proposed. The election must be made either by some
existing authority under the Nat^l or State Constitutions--or by some
special authority derived from the people--or by the people
themselves.--The two Existing authorities under the Nat^l Constitution
w^d be the Legislative & Judiciary. The latter he presumed was out of
the question. The former was in his Judgment liable to insuperable
objections. Besides the general influence of that mode on the
independence of the Executive, 1. the election of the Chief Magistrate
would agitate & divide the legislature so much that the public interest
would materially suffer by it. Public bodies are always apt to be thrown
into contentions, but into more violent ones by such occasions than by
any others. 2. the candidate would intrigue with the Legislature, would
derive his appointment from the predominant faction, and be apt to
render his administration subservient to its views. 3. The Ministers of
foreign powers would have and would make use of, the opportunity to mix
their intrigues & influence with the Election. Limited as the powers of
the Executive are, it will be an object of great moment with the great
rival powers of Europe who have American possessions, to have at the
head of our Governm^t a man attached to their respective politics &
interests. No pains, nor perhaps expence, will be spared, to gain from
the Legislature an appointm^t favorable to their wishes. Germany &
Poland are witnesses of this danger. In the former, the election of the
Head of the Empire, till it became in a manner hereditary, interested
all Europe, and was much influenced by foreign interference. In the
latter, altho' the elective Magistrate has very little real power, his
election has at all times produced the most eager interference of
foreign princes, and has in fact at length slid entirely into foreign
hands. The existing authorities in the States are the Legislative,
Executive & Judiciary. The appointment of the Nat^l Executive by the
first was objectionable in many points of view, some of which had been
already mentioned. He would mention one which of itself would decide his
opinion. The Legislatures of the States had betrayed a strong propensity
to a variety of pernicious measures. One object of the Nat^l Legisl^{re}
was to controul this propensity. One object of the Nat^l Executive, so
far as it would have a negative on the laws, was to controul the Nat^l
Legislature so far as it might be infected with a similar propensity.
Refer the appointm^t of the Nat^l Executive to the State Legislatures,
and this controuling purpose may be defeated. The Legislatures can &
will act with some kind of regular plan, and will promote the appointm^t
of a man who will not oppose himself to a favorite object. Should a
majority of the Legislatures at the time of election have the same
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