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
prevented; and lastly that in every view this indirect dependence on the
favor of the Legislature could not be so mischievous as a direct
dependence for his appointment. He saw no alternative for making the
Executive independent of the Legislature but either to give him his
office for life, or make him eligible by the people. Again, it might be
objected that two years would be too short a duration. But he believes
that as long as he should behave himself well, he would be continued in
his place. The extent of the Country would secure his re-election
ag^{st} the factions & discontents of particular States. It deserved
consideration also that such an ingredient in the plan would render it
extremely palatable to the people. These were the general ideas which
occurred to him on the subject, and which led him to wish & move that
the whole constitution of the Executive might undergo reconsideration.
M^r Randolph urged the motion of M^r L. Martin for restoring the words
making the Executive ineligible a 2^d time. If he ought to be
independent, he should not be left under a temptation to court a
re-appointment. If he should be re-appointable by the Legislature, he
will be no check on it. His revisionary power will be of no avail. He
had always thought & contended as he still did that the danger
apprehended by the little States was chimerical; but those who thought
otherwise ought to be peculiarly anxious for the motion. If the
Executive be appointed, as has been determined, by the Legislature, he
will probably be appointed either by joint ballot of both houses, or be
nominated by the 1^{st} and appointed by the 2^d branch. In either case
the large States will preponderate. If he is to court the same influence
for his re-appointment, will he not make his revisionary power, and all
the other functions of his administration subservient to the views of
the large States. Besides, is there not great reason to apprehend that
in case he should be re-eligible, a false complaisance in the
Legislature might lead them to continue an unfit man in office in
preference to a fit one. It has been said that a constitutional bar to
re-appointment will inspire unconstitutional endeavours to perpetuate
himself. It may be answered that his endeavours can have no effect
unless the people be corrupt to such a degree as to render all
precautions hopeless; to which may be added that this argument supposes
him to be more powerful & dangerous, than other arguments which have
been used, admit, and consequently calls for stronger fetters on his
authority. He thought an election by the Legislature with an incapacity
to be elected a second time would be more acceptable to the people than
the plan suggested by M^r Gov^r Morris.
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