The Writings of Thomas Jefferson, Vol. 7 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
Philosophy
The Writings of Thomas Jefferson, Vol. 7 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
But, whatever be the constitution, great care must be taken to provide
a mode of amendment, when experience or change of circumstances shall
have manifested that any part of it is unadapted to the good of the
nation. In some of our States it requires a new authority from the whole
people, acting by their representatives, chosen for this express purpose,
and assembled in convention. This is found too difficult for remedying
the imperfections which experience develops from time to time in an
organization of the first impression. A greater facility of amendment is
certainly requisite to maintain it in a course of action accommodated to
the times and changes through which we are ever passing. In England the
constitution may be altered by a single act of the legislature, which
amounts to the having no constitution at all. In some of our States,
an act passed by two different legislatures, chosen by the people, at
different and successive elections, is sufficient to make a change in
the constitution. As this mode may be rendered more or less easy, by
requiring the approbation of fewer or more successive legislatures,
according to the degree of difficulty thought sufficient, and yet safe,
it is evidently the best principle which can be adopted for constitutional
amendments.
I have stated that the constitutions of our several States vary more or
less in some particulars. But there are certain principles in which all
agree, and which all cherish as vitally essential to the protection of
the life, liberty, property, and safety of the citizen.
1. Freedom of religion, restricted only from _acts_ of trespass on that
of others.
2. Freedom of person, securing every one from imprisonment, or other
bodily restraint, but by the laws of the land. This is effected by the
well-known law of _habeas corpus_.
3. Trial by jury, the best of all safe-guards for the person, the
property, and the fame of every individual.
4. The exclusive right of legislation and taxation in the representatives
of the people.
5. Freedom of the press, subject only to liability for personal injuries.
This formidable censor of the public functionaries, by arraigning them
at the tribunal of public opinion, produces reform peaceably, which must
otherwise be done by revolution. It is also the best instrument for
enlightening the mind of man, and improving him as a rational, moral,
and social being.
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