CONVENTION IN DEVISING A PROPER FORM OF Gov- Difficulty of discussing public measures in the right spirit-Pre- No. XXXVIII.—THE SAME SUBJECT CONTINUED, and the All governments of deliberation and consent hitherto framed by individuals—Examples-Errors in the new system arise from lack of experience-The present situation of America-Existing evils shown, and the futility of the objections and remedies of the opposition. Only a republican system possible for America-The principles of republican government shown by examples-The proposed Constitu- tion conforms to the standard-Proofs of this from the provisions of the Constitution-Neither wholly national nor wholly federal. THE POWERS OF THE CONVENTION TO FORM A MIXED GOVERNMENT EXAMINED AND SUSTAINED The authority under which the convention acted examined-Proper even to have exceeded authority, from considerations of duty-Consti- tution merely recommended-Necessity for a radical change-Whether the convention exceeded its powers does not affect the question of The quantity of power conferred-Not greater than it should be- General objections considered-The objects of the powers conferred -Declaring war and granting letters of marque-Providing armies and fleets-Regulating and calling out the militia—Levying taxes and THE POWERS CONFERRED BY THE CONSTITU- TION FURTHER ConsiderED consuls, and treaties-Punishment of piracy, felonies on the high seas, and offences against the laws of nations-Regulation of foreign commerce-The sanction of the slave trade-Objection on that point considered-Maintenance of harmony and proper intercourse among the States-Inter-State commerce and the Indian trade-Coinage of No. XLIII.-THE SAME SUBJECT CONTINUED Miscellaneous powers-Copyrights and patents-The Federal city -Punishment of treason-Admission of new States-Government of Forbidding the establishment of treaties and alliances between the States, the issue of letters of marque, the coinage of money, the issue of bills of credit, the establishment of any legal tender other than gold and silver, the passage of bills of attainder, the passage of ex-post-facto laws, the passage of laws impairing contracts, the estab- lishment of titles of nobility, and the imposition of duties on exports and imports-The power to make all laws necessary and proper to carry the preceding powers into execution-Necessity of such a power -Prohibition of the exercise of any powers not expressly delegated— Positive enumeration of general powers delegated-Negative enumera- tion by specification of reserved powers and by silence-Remedy for an abuse of this general power-The supremacy of the Constitution, the constitutional laws, and treaties - Oath of State and federal officers to support Constitution-No part of the powers delegated No XLV. THE ALLEGED DANGER FROM THE POWERS The new Constitution not dangerous to the State governments, those of the States; the reserved powers are relatively greater than No. XLVI.-The Influence OF THE STATE AND FEDERAL Federal and State governments only different agents of the same constituents-The first attachment of the people will be to the State governments-Reasons for this-Popularity will come to the federal government only if it is better administered-Reasons for this-Ob- jection on score of federal military power answered-Concluding remarks on the proposition that the powers of the Union will be dangerous to the State governments. No. XLVII.-THE PARTICULAR STRUCTURE OF THE NEW The maxim that there should be separate and distinct departments considered-This maxim true-The new Constitution does not violate it-The views of Montesquieu-The provisions of the various State constitutions on this point examined. No XLVIII.-THESE DEPARTMENTS SHOULD NOT BE SO FAR Powers of one department, it is conceded, should not be exercised by another-One department should not have an overruling influence over another-Security against the invasion of one department by another considered-Insufficiency of new constitutional restrictions— The tendency of the legislature to absorb the other departments- Reasons for this-An instance of executive encroachment explained. No. XLIX.-METHOD OF GUARDING AGAINST CROACHMENTS OF ANY ONE DEPARTMENT OF Gov- Propriety of a well-defined mode of appealing to the people-A PAGE Modes of obtaining these mutual checks and balances-Advantages of the federal government in securing the rights of the people— Division of the delegated powers-Different interests among the Electors-The qualifications of the members-The term of office -Biennial elections-Value of frequent elections-Terms of service NO. LIII.—THE SAME SUBJEct Continued Objection that when annual elections end tyranny begins answered -Biennial elections necessary and useful-Objections to unduly short Numbers the proper standard for representation-Slave representa- Importance attached to this subject-Difficulty of determining the No. LVI. THE SAME SUBJect Continued Objection that Congress will be too small to know the interests and wishes of its constituents considered-The representative ought to know the interests of his constituents-Objects of federal legislation -A few representatives will be sufficient-Taxation-Militia-The No. LVII.—The Alleged TENDENCY OF THE NEW PLAN This objection, in principle, strikes at the root of representative No. LVIII.-OBJECTION THAT THE NUMBER OF MEMBERS The State constitutions compared on this point with the one pro- No. LIX.-CONCERNING the Power of Congress to Regu- Every government must have the means of self-preservation-Dif- Objection that by this power Congress may promote the election of PAGE 355 362 368 373 |
