Thomas Jefferson, the Apostle of AmericanismChinard, Gilbert
History
Thomas Jefferson, the Apostle of Americanism
Chinard, Gilbert
Jefferson, Thomas, 1743-1826
To Adams, who saw in Congress "not a legislative but a diplomatic
assembly", he protested that it was an opinion not entirely correct and
not likely to do good. As a matter of fact, in forming a confederation,
the individual States yielded some parts of their sovereignty to
Congress, and these parts were both legislative and executive. The
confederation was part of the law of the land, and "superior in
authority to the ordinary laws, because it cannot be altered by the
legislature of any one State." It is not without piquancy to remark here
that the man who was to become the champion of State rights and
decentralization was advocating a strong Federal bond, while the future
Federalist was in favor of a very loose association of States, truly a
sort of League of Nations. In Jefferson's view, on the contrary, the
United States as such were endowed with a sort of super-power, while the
independent States retained only those rights which they were able to
exercise fully.[155] On the other hand, Congress should have absolutely
no authority over acts which do not concern the confederacy. In case of
conflict an appeal could be made "from a state judicature to a Federal
court", in other words to a Supreme Court, and there again Jefferson
takes the position which his enemies were fifteen years later to defend
against him, namely that there ought to be some power above Congress to
restrain it.
It will be said that this court may encroach over the jurisdiction of
the State courts. It may. But there will be a power, to wit,
Congress, to watch and restrain them. But place the same authority in
Congress itself, and there will be no power above them, to perform
the same office. They will restrain within due bounds a jurisdiction
exercised by others, much more rigourously than if exercised by
themselves.[156]
In a letter to Edward Carrington he summed up his views even more
clearly. Reforms are necessary, although with all its defects the
present government of the United States is so far superior to any
monarchy that its defects must be viewed with indulgence. If any change
is to be made, the general principle ought to be
to make the States one as to everything connected with foreign
nations, and several as to everything purely domestic. Then to
separate the executive from the legislative in order to avoid the
terrible delays which are bound to happen with a large assembly and
to have the most important propositions hanging over, from week to
week and month to month, till the occasions have passed them, and the
things never done.[157]
Public-domain text, read in full here on John Shaqi.
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