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I Acknowledge, In The Ordinary Course Of Government, That The Exposition Of The Laws And Constitution Devolves Upon The Judicial. But I Beg To Know Upon What Principle It Can Be Contended That Any One Department Draws From The Constitution Greater Powers Than Another In Marking Out The Limits Of The Powers Of The Several Departments.

-James Madison

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I Acknowledge, In The

James Madison

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I Acknowledge, In The Ordinary Course Of Government, That The Exposition Of The Laws And Constitution Devolves Upon The Judicial. But I Beg To Know Upon What Principle It Can Be Contended That Any One Department Draws From The Constitution Greater Powers Than Another In Marking Out The Limits Of The Powers Of The Several Departments.

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Good Conscience Is The Most Valuable Asset Of All!

But The Mild Voice Of Reason, Pleading The Cause Of An Enlarged And Permanent Interest, Is But Too Often Drowned, Before Public Bodies As Well As Individuals, By The Clamors Of An Impatient Avidity For Immediate And Immoderate Gain.

I, Sir, Have Always Conceived - I Believe Those Who Proposed The Constitution Conceived,and It Is Still More Fully Known, And More Material To Observe, Those Who Ratified The Constitution Conceived, That This Is Not An Indefinite Government Deriving Its Powers From The General Terms Prefixed To The Specified Powers - But, A Limited Government Tied Down To The Specified Powers, Which Explain And Define The General Terms.

Measures Should Be Enacted Which, Without Violating The Rights Of Property, Would Reduce Extreme Wealth Towards A State Of Mediocrity, And Raise Extreme Indigence Towards A State Of Comfort.

Money Cannot Be Applied To The *general Welfare*, Otherwise Than By An Application Of It To Some *particular* Measure Conducive To The General Welfare. Whenever, Therefore, Money Has Been Raised By The General Authority, And Is To Be Applied To A Particular Measure, A Question Arises Whether The Particular Measure Be Within The Enumerated Authorities Vested In Congress. If It Be, The Money Requisite For It May Be Applied To It; If It Be Not, No Such Application Can Be Made.

The Powers Of The Federal Government Are Enumerated; It Can Only Operate In Certain Cases; It Has Legislative Powers On Defined And Limited Objects, Beyond Which It Cannot Extend Its Jurisdiction.

I Am Unable To Conceive That The State Legislatures Which Must Feel So Many Motives To Watch, And Which Possess So Many Means Of Counteracting The Federal Legislature, Would Fail Either To Detect Or To Defeat A Conspiracy Of The Latter Against The Liberties Of Their Common Constituencies.

[a]s It Must Be Admitted That The Remedy Under The Constitution Lies Where It Has Been Marked Out By The Constitution; And That No Appeal Can Be Consistently Made From That Remedy By Those Who Were And Still Profess To Be Parties To It, But The Appeal To The Parties Themselves Having An Authority Above The Constitution Or To The Law Of Nature & Of Nature's God.

Although All Men Are Born Free, Slavery Has Been The General Lot Of The Human Race. Ignorant--they Have Been Cheated; Asleep--they Have Been Surprised; Divided--the Yoke Has Been Forced Upon Them. But What Is The Lesson...? The People Ought To Be Enlightened, To Be Awakened, To Be United, That After Establishing A Government They Should Watch Over It.... It Is Universally Admitted That A Well-instructed People Alone Can Be Permanently Free.

The Regulation Of Commerce, It Is True, Is A New Power; But That Seems To Be An Addition Which Few Oppose And From Which No Apprehensions Are Entertained.

Whilst The Last Members Were Signing It Doctr. Franklin Looking Towards The Presidents Chair, At The Back Of Which A Rising Sun Happened To Be Painted, Observed To A Few Members Near Him, That Painters Had Found It Difficult To Distinguish In Their Art A Rising From A Setting Sun.

Constitution Of The United States

I Think It Absolutely Necessary That The President Should Have The Power Of Removing His Subordinates From Office; It Will Make Him, In A Peculiar Manner, Responsible For Their Conduct, And Subject Him To Impeachment Himself, If He Suffers Them To Perpetrate With Impunity High Crimes Or Misdemeanors Against The United States, Or Neglects To Superintend Their Conduct, So As To Check Their Excesses.

In The First Place, It Is To Be Remembered, That The General Government Is Not To Be Charged With The Whole Power Of Making And Administering Laws. Its Jurisdiction Is Limited To Certain Enumerated Objects, Which Concern All The Members Of The Republic, But Which Are Not To Be Attained By The Separate Provisions Of Any.

Outlets For The Freed Blacks Are Alone Wanted For The Erasure Of The Blot From Our Republican Character.

With Respect To The Words "general Welfare," I Have Always Regarded Them As Qualified By The Detail Of Powers Connected With Them. To Take Them In A Literal And Unlimited Sense Would Be A Metamorphosis Of The Constitution Into A Character Which There Is A Host Of Proofs Was Not Contemplated By Its Creators.

Government Is Instituted To Protect Property Of Every Sort; As Well That Which Lies In The Various Rights Of Individuals, As That Which The Term Particularly Expresses. This Being The End Of Government, That Alone Is A Just Government Which Impartially Secures To Every Man Whatever Is His Own.

If Tyranny And Oppression Come To This Land, It Will Be In The Guise Of Fighting A Foreign Enemy.

The Fetters Imposed On Liberty At Home Have Ever Been Forged Out Of The Weapons Provided For Defense Against Real, Pretended, Or Imaginary Dangers From Abroad.

It Is Of Great Importance In A Republic, Not Only To Guard The Society Against The Oppression Of Its Rulers; But To Guard One Part Of The Society Against The Injustice Of The Other Part.

Republican Government

Tyranny Of The Majority

Stability In Government Is Essential To National Character And To The Advantages Annexed To It, As Well As To That Repose And Confidence In The Minds Of The People, Which Are Among The Chief Blessings Of Civil Society.

The Constitution Proposed By The Convention May Be Considered Under Two General Points Of View. The First Relates To The Sum Or Quantity Of Power Which It Vests In The Government, Including The Restraints Imposed On The States. The Second, To The Particular Structure Of The Government, And The Distribution Of This Power Among Its Branches.

[in The Case Of] Dangerous Exercise Of Other Powers, Not Granted By The Said Compact, The States, Who Are Parties Thereto, Have The Right, And Are Duty Bound, To Interpose For Arresting The Progress Of The Evil.

The Appointment Of Senators By The State Legislatures . . . Is Recommended By The Double Advantage Of Favoring A Select Appointment, And Of Giving To The State Governments Such An Agency In The Formation Of The Federal Government, As Must Secure The Authority Of The Former.

In Republican Government The Legislative Authority Necessarily Predominates. The Remedy For This . . . Is To Divide The Legislature Into Different Branches; And To Render Them By Different Modes Of Election, And Different Principles Of Action, As Little Connected With Each Other As The Nature Of Their Common Functions, And Their Common Dependence On The Society, Will Admit.

Liberty May Be Endangered By The Abuse Of Liberty, But Also By The Abuse Of Power.

Attempts To Enforce By Legal Sanctions, Acts Obnoxious To So Great A Proportion Of Citizens, Tend To Enervate The Laws In General, And To Slacken The Bands Of Society. If It Be Difficult To Execute Any Law Which Is Not Generally Deemed Necessary Or Salutary, What Must Be The Case, Where It Is Deemed Invalid And Dangerous? And What May Be The Effect Of So Striking An Example Of Impotency In The Government, On Its General Authority?

There Is Not A More Important And Fundamental Principle In Legislation, Than That The Ways And Means Ought Always To Face The Public Engagements; That Our Appropriations Should Ever Go Hand In Hand With Our Promises. To Say That The United States Should Be Answerable For Twenty-five Millions Of Dollars Without Knowing Whether The Ways And Means Can Be Provided, And Without Knowing Whether Those Who Are To Succeed Us Will Think With Us On The Subject, Would Be Rash And Unjustifiable. Sir, In My Opinion, It Would Be Hazarding The Public Faith In A Manner Contrary To Every Idea Of Prudence.

[in Government] The Constant Aim Is To Divide And Arrange The Several Offices In Such A Manner As That Each May Be A Check On The Other-that The Private Interest Of Every Individual May Be A Sentinel Over The Public Rights.

Every Answer He [president John Adams] Gives To His Addressers Unmasks More And More His Principles And Views. His Language To The Young Men At Philadelphia Is The Most Abominable And Degrading That Could Fall From The Lips Of The First Magistrate Of An Independent People, And Particularly From A Revolutionary Patriot.

In War, Too, The Discretionary Power Of The Executive Is Extended; Its Influence In Dealing Out Offices, Honors, And Emoluments Is Multiplied; And All The Meaning Of Seducing The Minds, Are Added To Those Of Subduing The Force, Of The People. The Same Malignant Aspect In Republicanism May Be Traced In The Inequality Of Fortunes, And The Opportunities Of Fraud, Growing Out Of A State Of War, And In The Degeneracy Of Manners And Morals, Engendered By Both. No Nation Could Preserve Its Freedom In The Midst Of Continual Warfare.

On The Distinctive Principles Of The Government ... Of The U. States, The Best Guides Are To Be Found In ... The Declaration Of Independence, As The Fundamental Act Of Union Of These States.

The Danger From Legislative Usurpations, Which, By Assembling All Power In The Same Hands, Must Lead To The Same Tyranny As Is Threatened By Executive Usurpations.

If We Resort For A Criterion To The Different Principles On Which Different Forms Of Government Are Established, We May Define A Republic To Be, Or At Least May Bestow That Name On, A Government Which Derives All Its Powers Directly Or Indirectly From The Great Body Of The People, And Is Administered By Persons Holding Their Offices During Pleasure For A Limited Period, Or During Good Behavior.

To Consider The Degree Of Concord Which Ultimately Prevailed As Less Than A Miracle.

Can It Be Of Less Consequence That The Meaning Of A Constitution Should Be Fixed And Known, Than A Meaning Of A Law Should Be So?

Man Is Known To Be A Selfish, As Well As A Social Being.

It Is Not Certain That With This Aid Alone [possession Of Arms], They Would Not Be Able To Shake Off Their Yokes. But Were The People To Posses The Additional Advantages Of Local Governments Chosen By Themselves, Who Could Collect The National Will, And Direct The National Force; And Of Officers Appointed Out Of The Militia, By These Governments And Attached Both To Them And To The Militia, It May Be Affirmed With The Greatest Assurance, That The Throne Of Every Tyranny In Europe Would Be Speedily Overturned, In Spite Of The Legions Which Surround It.

The Growing Wealth Aquired By Them Corporations Never Fails To Be A Source Of Abuses.

A Zeal For Different Opinions Concerning Religion, Concerning Government, And Many Other Points, As Well Of Speculation As Of Practice; An Attachment To Different Leaders Ambitiously Contending For Pre-eminence And Power; Or To Persons Of Other Descriptions Whose Fortunes Have Been Interesting To The Human Passions, Have, In Turn, Divided Mankind Into Parties, Inflamed Them With Mutual Animosity, And Rendered Them Much More Disposed To Vex And Oppress Each Other Than To Co-operate For Their Common Good.

I Regret, As Much As Any Member, The Unavoidable Weight And Duration Of The Burdens To Be Imposed; Having Never Been A Proselyte To The Doctrine, That Public Debts Are Public Benefits. I Consider Them, On The Contrary, As Evils Which Ought To Be Removed As Fast As Honor And Justice Will Permit.

Despotism Can Only Exist In Darkness.

In A Free Government, The Security For Civil Rights Must Be The Same As That For Religious Rights. It Consists In The One Case In The Multiplicity Of Interests, And In The Other In The Multiplicity Of Sects. The Degree Of Security In Both Cases, Will Depend On The Number Of Interests And Sects; And This May Be Presumed To Depend On The Extent Of Country And Number Of People Comprehended Under The Same Government.

Our Opinions Agree As To The Evil, Moral, Political, And Economical, Of Slavery.

Is It Not The Glory Of The People Of America, That Whilst They Have Paid A Decent Regard To The Opinions Of Former Times And Other Nations, They Have Not Suffered A Blind Veneration For Antiquity, For Custom, Or For Names, To Overrule The Suggestions Of Their Own Good Sense, The Knowledge Of Their Own Situation, And The Lessons Of Their Own Experience? To This Manly Spirit, Posterity Will Be Indebted For The Possession, And The World For The Example Of The Numerous Innovations Displayed On The American Theatre, In Favor Of Private Rights And Public Happiness.

In The Latter Sense, A Man Has A Property In His Opinions And The Free Communication Of Them. He Has A Property Of Peculiar Value In His Religious Opinions, And In The Profession And Practice Dictated By Them. He Has An Equal Property In The Free Use Of His Faculties And Free Choice Of The Objects On Which To Employ Them. In A Word, As A Man Is Said To Have A Right To His Property, He May Be Equally Said To Have A Property In His Rights.

The Operations Of The Federal Government Will Be Most Extensive And Important In Times Of War And Danger; Those Of The State Governments, In Times Of Peace And Security.

Religion, Or The Duty We Owe To Our Creator, And Manner Of Discharging It, Can Be Directed Only By Reason And Conviction, Not By Force Or Violence; And, Therefore, That All Men Should Enjoy The Fullest Toleration In The Exercise Of Religion According To The Dictates Of Conscience, Unpunished And Unrestrained By The Magistrate, Unless Under Color Of Religion Any Man Disturb The Peace, The Happiness, Or Safety Of Society, And That It Is The Mutual Duty Of All To Practice Christian Forbearance, Love And Charity Toward Each Other.

Ambition Must Be Made To Counteract Ambition.

Every New And Successful Example Of A Perfect Separation Between Ecclesiastical And Civil Matters Is Of Importance.

It Is Sufficiently Obvious, That Persons And Property Are The Two Great Subjects On Which Governments Are To Act; And That The Rights Of Persons, And The Rights Of Property, Are The Objects, For The Protection Of Which Government Was Instituted. These Rights Cannot Well Be Separated.

What Is To Be The Consequence, In Case The Congress Shall Misconstrue This Part [the Necessary And Proper Clause] Of The Constitution And Exercise Powers Not Warranted By Its True Meaning, I Answer The Same As If They Should Misconstrue Or Enlarge Any Other Power Vested In Them . . . The Success Of The Usurpation Will Depend On The Executive And Judiciary Departments, Which Are To Expound And Give Effect To The Legislative Acts; And In A Last Resort A Remedy Must Be Obtained From The People, Who Can By The Elections Of More Faithful Representatives, Annul The Acts Of The Usurpers.

The Most Common And Durable Source Of Faction Has Been The Various And Unequal Distribution Of Property.

Happily For America, Happily, We Trust, For The Whole Human Race, They Pursued A New And More Noble Course. They Accomplished A Revolution Which Has No Parallel In The Annals Of Human Society.

This Policy Of Supplying By Opposite And Rival Interests, The Defect Of Better Motives, Might Be Traced Through The Whole System Of Human Affairs, Both Private And Public.

The Federal Constitution Forms A Happy Combination In This Respect; The Great And Aggregate Interests Being Referred To The National, The Local And Particular, To The State Legislatures.

Resistance To Tyranny Is Service To God.

Toleration Is Not The Opposite Of Intolerance, But Is The Counterfeit Of It. Both Are Despotisms. The One Assumes To Itself The Right Of Withholding Liberty Of Conscience, The Other Of Granting It.

At First View It Might Seem Not To Square With The Republican Theory, To Suppose Either That A Majority Have Not The Right, Or That A Minority Will Have The Force To Subvert A Government . . . . But Theoretic Reasoning In This, As In Most Other Cases, Must Be Qualified By The Lessons Of Practice.

Nothing Could Be More Irrational Than To Give The People Power, And To Withhold From Them Information Without Which Power Is Abused.

[i]n The Next Place, To Show That Unless These Departments Be So Far Connected And Blended As To Give To Each A Constitutional Control Over The Others, The Degree Of Separation Which The Maxim Requires, As Essential To A Free Government, Can Never In Practice Be Duly Maintained.

In Framing A System, Which We Wish To Last For Ages, We Should Not Lose Sight Of The Changes Which Ages Will Produce.

In Republics, The Great Danger Is, That The Majority May Not Sufficiently Respect The Rights Of The Minority.

Wherever The Real Power In A Government Lies, There Is The Danger Of Oppression.

Government Lies

The States Then Being The Parties To The Constitutional Compact, And In Their Sovereign Capacity, It Follows Of Necessity, That There Can Be No Tribunal Above Their Authority, To Decide In The Last Resort, Whether The Compact Made By Them Be Violated; And Consequently That As The Parties To It, They Must Themselves Decide In The Last Resort, Such Questions As May Be Of Sufficient Magnitude To Require Their Interposition.

Landholders Ought To Have A Share In The Government To Support These Invaluable Interests And Check The Other Many. They Ought To Be So Constituted As To Protect The Minority Of The Opulent Against The Majority.

Because Finally, 'the Equal Right Of Every Citizen To The Free Exercise Of His Religion According To The Dictates Of Conscience' Is Held By The Same Tenure With All His Other Rights. If We Recur To Its Origin, It Is Equally The Gift Of Nature; If We Weigh Its Importance, It Cannot Be Less Dear To Us; If We Consider The 'declaration Of Those Rights Which Pertain To The Good People Of Virginia, As The Basis And Foundation Of Government,' It Is Enumerated With Equal Solemnity, Or Rather Studied Emphasis.

And May I Not Be Allowed To ... Read In The Character Of The American People, In Their Devotion To True Liberty And To The Constitution Which Is Its Palladium [protection], ... A Government Which Watches Over ... The Equal Interdict [prohibition] Against Encroachments And Compacts Between Religion And The State.

Respect For Character Is Always Diminished In Proportion To The Number Among Whom The Blame Or Praise Is To Be Divided.

The Constitution Expressly And Exclusively Vests In The Legislature The Power Of Declaring A State Of War [and] The Power Of Raising Armies.... A Delegation Of Such Powers [to The President] Would Have Struck, Not Only At The Fabric Of Our Constitution, But At The Foundation Of All Well Organized And Well Checked Governments. The Separation Of The Power Of Declaring War From That Of Conducting It, Is Wisely Contrived To Exclude The Danger Of Its Being Declared For The Sake Of Its Being Conducted.

There Ought Always To Be A Constitutional Method Of Giving Efficacy To Constitutional Provisions. What For Instance Would Avail Restrictions On The Authority Of The State Legislatures, Without Some Constitutional Mode Of Enforcing The Observance Of Them? . . . This Power Must Either Be A Direct Negative On The State Laws, Or An Authority In The Federal Courts, To Over-rule Such As Might Be In Manifest Contravention Of The Articles Of Union.

A Public Debt Is A Public Curse.

It Is To Be The Assent And Ratification Of The Several States, Derived From The Supreme Authority In Each State, The Authority Of The People Themselves. The Act, Therefore Establishing The Constitution, Will Not Be A National, But A Federal Act.

They Can Make No Law Which Will Not Have Its Full Operation On Themselves And Their Friends, As Well As On The Great Mass Of The Society.

To Suppose That Any Form Of Government Will Secure Liberty Or Happiness Without Any Virtue In The People, Is A Chimerical Idea.

No Man Will Subject Himself To The Ridicule Of Pretending That Any Natural Connection Subsists Between The Sun Or The Seasons, And The Period Within Which Human Virtue Can Bear The Temptations Of Power. Happily For Mankind, Liberty Is Not, In This Respect, Confined To Any Single Point Of Time, But Lies Within Extremes, Which Afford Sufficient Latitude For All The Variations Which May Be Required By The Various Situations And Circumstances Of Civil Society.

It Is A Universal Truth That The Loss Of Liberty At Home Is To Be Charged To The Provisions Against Danger, Real Or Pretended, From Abroad.

It Is A Misfortune, Inseparable From Human Affairs, That Public Measures Are Rarely Investigated With That Spirit Of Moderation Which Is Essential To A Just Estimate Of Their Real Tendency To Advance Or Obstruct The Public Good; And That This Spirit Is More Apt To Be Diminished Than Prompted, By Those Occasions Which Require An Unusual Exercise Of It.

How Could A Readiness For War In Time Of Peace Be Safely Prohibited, Unless We Could Prohibit, In Like Manner, The Preparations And Establishments Of Every Hostile Nation? The Means Of Security Can Only Be Regulated By The Means And The Danger Of Attack. They Will, In Fact, Be Ever Determined By These Rules, And By No Others . . . . If One Nation Maintains Constantly A Disciplined Army, Ready For Service Of Ambition Or Revenge, It Obliges The Most Pacific Nations Who May Be Within The Reach Of Its Enterprises To Take Corresponding Precautions.

There Never Was An Assembly Of Men, Charged With A Great And Arduous Trust, Who Were More Pure In Their Motives, Or More Exclusively Or Anxiously Devoted To The Object Committed To Them.

There Is No Maxim, In My Opinion, Which Is More Liable To Be Misapplied, And Which, Therefore, More Needs Elucidation, Than The Current One, That The Interest Of The Majority Is The Political Standard Of Right And Wrong.

As The War Was Just In Its Origin And Necessary And Noble In Its Objects, We Can Reflect With A Proud Satisfaction That In Carrying It On No Principle Of Justice Or Honor, No Usage Of Civilized Nations, No Precept Of Courtesy Or Humanity, Have Been Infringed.

Are Not The Daily Devotions Conducted By These Legal Ecclesiastics Already Degenerating Into A Scanty Attendance, And A Tiresome Formality?

With Regard To Banks, They Have Taken Too Deep And Too Wide A Root In Social Transactions, To Be Got Rid Of Altogether, If That Were Desirable. They Have A Hold On Public Opinion, Which Alone Would Make It Expedient To Aim Rather At The Improvement, Than The Suppression Of Them. As Now Generally Constituted, Their Advantages Whatever They Be, Are Outweighed By The Excesses Of Their Paper Emissions, And The Partialities And Corruption With Which They Are Administered.

[y]ou Will Understand The Game Behind The Curtain Too Well Not To Perceive The Old Trick Of Turning Every Contingency Into A Resource For Accumulating Force In The Government.

The Truth Was That All Men Having Power Ought To Be Distrusted To A Certain Degree.

The Passions, Therefore, Not The Reason, Of The Public Would Sit In Judgment. But It Is The Reason, Alone, Of The Public, That Ought To Control And Regulate The Government. The Passions Ought To Be Controlled And Regulated By The Government.

It Is The Duty Of Every Man To Render To The Creator Such Homage...before Any Man Can Be Considered As A Member Of Civil Society, He Must Be Considered As A Subject Of The Governor Of The Universe.

That Useful Alterations Will Be Suggested By Experience, Could Not But Be Foreseen . . . . It Moreover Equally Enables The General And State Governments To Originate The Amendment Of Errors As They May Be Pointed Out By The Experience On One Side Or On The Other.

If This Spirit Shall Ever Be So Far Debased, As To Tolerate A Law Not Obligatory On The Legislature, As Well As On The People, The People Will Be Prepared To Tolerate Any Thing But Liberty.

The Ultimate Authority, Wherever The Derivative May Be Found, Resides In The People Alone, And That It Will Not Depend Merely On The Comparative Ambition Or Address Of The Different Governments, Whether Either, Or Which Of Them, Will Be Able To Enlarge Its Sphere Of Jurisdiction At The Expense Of The Other.

Democracies Have

If We Are To Take For The Criterion Of Truth The Majority Of Suffrages, They Ought To Be Gotten From Those Philosophic And Patriotic Citizens Who Cultivate Their Reason.

The Members Of The Legislative Department . . . Are Numerous. They Are Distributed And Dwell Among The People At Large. Their Connections Of Blood, Of Friendship, And Of Acquaintance Embrace A Great Proportion Of The Most Influential Part Of The Society . . . They Are More Immediately The Confidential Guardians Of Their Rights And Liberties.

As Long As The Reason Of Man Continues Fallible, And He Is At Liberty To Exercise It, Different Opinions Will Be Formed. As Long As The Connection Subsists Between His Reason And His Self-love, His Opinions And Passions Will Have A Reciprocal Influence On Each Other, And The Former Will Be Objects To Which The Latter Attach Themselves.

Every Word Of [the Constitution] Decides A Question Between Power And Liberty.

[the Republican Party] Consists Of Those Who, Believing In The Doctrine That Mankind Are Capable Of Governing Themselves And Hating Hereditary Power As An Insult To The Reason And An Outrage To The Rights Of Men, Are Naturally Offended At Every Public Measure That Does Not Appeal To The Understanding And To The General Interest Of The Community.

The Powers Delegated By The Proposed Constitution To The Federal Government Are Few And Defined. Those Which Are To Remain In The State Governments Are Numerous And Indefinite. The Former Will Be Exercised Principally On External Objects, As War, Peace, Negotiation And Foreign Commerce. ... The Powers Reserved To The Several States Will Extend To All The Objects Which In The Ordinary Course Of Affairs, Concern The Lives And Liberties, And Properties Of The People, And The Internal Order, Improvement And Prosperity Of The State.

It Would Have Marked A Want Of Foresight In The Convention, Which Our Own Experience Would Have Rendered Inexcusable.

Constitutional Convention

The Future And Success Of America Is Not In This Constitution, But In The Laws Of God Upon Which This Constitution Is Founded.

To The Baptist Churches On Neal's Greek On Black Creek, North Carolina I Have Received, Fellow-citizens, Your Address, Approving My Objection To The Bill Containing A Grant Of Public Land To The Baptist Church At Salem Meeting House, Mississippi Territory. Having Always Regarded The Practical Distinction Between Religion And Civil Government As Essential To The Purity Of Both, And As Guaranteed By The Constitution Of The United States, I Could Not Have Otherwise Discharged My Duty On The Occasion Which Presented Itself

The Religion Then Of Every Man Must Be Left To The Conviction And Conscience Of Every Man; And It Is The Right Of Every Man To Exercise It As These May Dictate.

In All The Co-temporary Discussions And Comments, Which The Constitution Underwent, It Was Constantly Justified And Recommended On The Ground, That The Powers Not Given To The Government, Were Withheld From It.

The Problem To Be Solved Is, Not What Form Of Government Is Perfect, But Which Of The Forms Is Least Imperfect.

Learned Institutions Ought To Be Favorite Objects With Every Free People. They Throw That Light Over The Public Mind Which Is The Best Security Against Crafty And Dangerous Encroachments On The Public Liberty.

The Liberal Appropriations Made By The Legislature Of Kentucky For A General System Of Education Cannot Be Too Much Applauded . . . . Learned Institutions Ought To Be The Favorite Objects With Every Free People. They Throw That Light Over The Public Mind Which Is The Best Security Against Crafty And Dangerous Encroachments On The Public Liberty . . . . What Spectacle Can Be More Edifying Or More Seasonable Than That Of Liberty And Learning, Each Leaning On The Other For Their Mutual And Surest Support?

We've Staked Our Future On Our Ability To Follow The Ten Commandments With All Our Heart.

In The Compound Republic Of America, The Power Surrendered By The People Is First Divided Between Two Distinct Governments, And Then The Portion Allotted To Each Subdivided Among Distinct And Separate Governments. Hence A Double Security Arises To The Rights Of The People. The Different Governments Will Control Each Other, At The Same Time That Each Will Be Controlled By Itself.

The Magnitude Of This Evil Among Us Is So Deeply Felt, And So Universally Acknowledged, That No Merit Could Be Greater Than That Of Devising A Satisfactory Remedy For It.

The Safety And Happiness Of Society Are The Objects At Which All Political Institutions Aim, And To Which All Such Institutions Must Be Sacrificed.

Place Three Individuals In A Situation Wherein The Interest Of Each Depends On The Voice Of The Others, And Give To Two Of Them An Interest Opposed To The Rights Of The Third. Will The Latter Be Secure? The Prudence Of Every Man Would Shun The Danger. The Rules & Forms Of Justice Suppose & Guard Against It. Will Two Thousand In A Like Situation Be Less Likely To Encroach On The Rights Of One Thousand?

Some Degree Of Abuse Is Inseparable From The Proper Use Of Every Thing; And In No Instance Is This More True Than In That Of The Press. It Has Accordingly Been Decided, By The Practice Of The States, That It Is Better To Leave A Few Of Its Noxious Branches To Their Luxuriant Growth, Than, By Pruning Them Away, To Injure The Vigor Of Those Yielding The Proper Fruits.

Public Opinion Sets Bounds To Every Government, And Is The Real Sovereign In Every Free One.

The Purpose Of The Constitution Is To Restrict The Majority's Ability To Harm A Minority.

There Is Not A Shadow Of Right In The General Government To Intermingle With Religion. Its Least Interference With It Would Be A Most Flagrant Usurpation.

I Acknowledge, In The Ordinary Course Of Government, That The Exposition Of The Laws And Constitution Devolves Upon The Judicial. But I Beg To Know Upon What Principle It Can Be Contended That Any One Department Draws From The Constitution Greater Powers Than Another In Marking Out The Limits Of The Powers Of The Several Departments.

I Cannot Undertake To Lay My Finger On That Article Of The Constitution Which Granted A Right To Congress Of Expending, On Objects Of Benevolence, The Money Of Their Constituents.

Whatever May Be The Judgement Pronounced On The Competency Of The Architects Of The Constitution, Or Whatever May Be The Destiny Of The Edifice Prepared By Them, I Feel It A Duty To Express My Profound And Solemn Conviction . . . That There Never Was An Assembly Of Men, Charged With A Great And Arduous Trust, Who Were More Pure In Their Motives, Or More Exclusively Or Anxiously Devoted To The Object Committed To Them.

What Is Here A Right Towards Men, Is A Duty Towards The Creator.

Where A Majority Are United By A Common Sentiment, And Have An Opportunity, The Rights Of The Minor Party Become Insecure.

The Invasion Of Private Rights Is Chiefly To Be Apprehended, Not From Acts Of Government Contrary To The Sense Of Its Constituents, But From Acts In Which The Government Is The Mere Instrument Of The Major Number Of The Constituents.

A Dependence On The People Is, No Doubt, The Primary Control On The Government; But Experience Has Taught Mankind The Necessity Of Auxiliary Precautions.

Before Any Man Can Be Considered As A Member Of Civil Society, He Must Be Considered As A Subject Of The Governour Of The Universe: And If A Member Of Civil Society, Do It With A Saving Of His Allegiance To The Universal Sovereign. We Maintain Therefore That In Matters Of Religion, No Man's Right Is Abridged By The Institution Of Civil Society And That Religion Is Wholly Exempt From Its Cognizance.

So Strong Is This Propensity Of Mankind To Fall Into Mutual Animosities, That Where No Substantial Occasion Presents Itself, The Most Frivolous And Fanciful Distinctions Have Been Sufficient To Kindle Their Unfriendly Passions And Excite Their Most Violent Conflicts. But The Most Common And Durable Source Of Factions Has Been The Various And Unequal Distribution Of Property.

I Believe There Are More Instances Of The Abridgement Of Freedom Of The People By Gradual And Silent Encroachments By Those In Power Than By Violent And Sudden Usurpations.

The Power To Declare War, Including The Power Of Judging The Causes Of War, Is Fully And Exclusively Vested In The Legislature.

...to Support The Constitution, Which Is The Cement Of The Union, As Well In Its Limitations As In Its Authorities; To Respect The Rights And Authorities Reserved To The States And To The People As Equally Incorporated With And Essential To The Success Of The General System;... To Keep Within The Requisite Limits A Standing Military Force, Always Remembering That An Armed And Trained Militia Is The Firmest Bulwark Of Republics-that Without Standing Armies Their Liberty Can Never Be In Danger, Nor With Large Ones Safe.

As Long As The Reason Of Man Continues Fallible, And He Is At Liberty To Exercise It, Different Opinions Will Be Formed.

It Is Proper To Take Alarm At The First Experiment On Our Liberties. We Hold This Prudent Jealousy To Be The First Duty Of Citizens And One Of The Noblest Characteristics Of The Late Revolution. The Freemen Of America Did Not Wait Till Usurped Power Had Strengthened Itself By Exercise And Entangled The Question In Precedents. They Saw All The Consequences In The Principle, And They Avoided The Consequences By Denying The Principle. We Revere This Lesson Too Much ... To Forget It

The Two Great Points Of Difference Between A Democracy And A Republic Are: First, The Delegation Of The Government, In The Latter,to A Small Number Of Citizens Elected By The Rest; Secondly, The Greater Number Of Citizens And Greater Sphere Of Country Over Which The Latter May Be Extended.

Union Of Religious Sentiments Begets A Surprising Confidence.

Experience Has Instructed Us That No Skill In The Science Of Government Has Yet Been Able To Discriminate And Define, With Sufficient Certainty, Its Three Great Provinces The Legislative, Executive, And Judiciary; Or Even The Privileges And Powers Of The Different Legislative Branches.

[exchange] The Galling Burden Of Bachelorship For The Easy Yoke Of Matrimony.

Precedents Once Established Are So Much Positive Power.

Experience Assures Us, That The Efficacy Of The Provision Has Been Greatly Over-rated; And That Some More Adequate Defense Is Indispensably Necessary For The More Feeble, Against The More Powerful Members Of The Government.

It Is The Duty Of Every Man To Render To The Creator Such Homage And Such Only As He Believes To Be Acceptable To Him. This Duty Is Precedent, Both In Order Of Time And In Degree Of Obligation, To The Claims Of Civil Society.

Besides The Advantage Of Being Armed, Which The Americans Possess Over The People Of Almost Every Other Nation, The Existence Of Subordinate Governments, To Which The People Are Attached, And By Which The Militia Officers Are Appointed, Forms A Barrier Against The Enterprises Of Ambition, More Insurmountable Than Any Which A Simple Government Of Any Form Can Admit Of.

That Is Not A Just Government Where Arbitrary Restrictions, Exemptions, And Monopolies Deny To Part Of Its Citizens That Free Use Of Their Faculties, And Free Choice Of Their Occupations.

The Real Difference Of Interests, Lay Not Between Large And Small, But Between The Northern And Southern States. The Institution Of Slavery And Its Consequences Formed A Line Of Discrimination.

[montesquieu] Lifted The Veil From The Venerable Errors Which Enslaved Opinion, And Pointed The Way To Those Luminous Truths Of Which He Had But A Glimpse Himself.

The Primary Function Of Government Is To Protect The Minority Of The Opulent From The Majority Of The Poor.

In Suits At Common Law, Trial By Jury In Civil Cases Is As Essential To Secure The Liberty Of The People As Any One Of The Pre-existent Rights Of Nature.

It Is Superfluous To Try By The Standards Of Theory, A Part Of The Constitution Which Is Allowed On All Hands To Be The Result Not Of Theory, But "of A Spirit Of Amity, And That Mutual Deference And Concession Which The Peculiarity Of Our Political Situation Rendered Indispensable" . . . The Equal Vote Allowed To Each State, Is At Once A Constitutional Recognition Of The Portion Of Sovereignty Remaining In The Individual States, And An Instrument For Preserving That Residuary Sovereignty.

Since It Is Impossible For The People Spontaneously And Universally, To Move In Concert Towards Their Object; And It Is Therefore Essential, That Such Changes Be Instituted By Some Informal And Unauthorized Propositions, Made By Some Patriotic And Respectable Citizen Or Number Of Citizens.

We Have The Self-evident Right To Regulate Our Trade According To Our Own Will And Our Own Interest . . . . This Right Can Be Denied To No Independent Nation.

Wherever There Is Interest And Power To Do Wrong, Wrong Will Generally Be Done.

Bills Of Attainder, Ex-post Facto Laws And Laws Impairing The Obligation Of Contracts Are Contrary To The First Principles Of The Social Compact, And To Every Principle Of Sound Legislation.

... The State Legislatures Will Jealously And Closely Watch The Operations Of This Government, And Be Able To Resist With More Effect Every Assumption Of Power, Than Any Other Power On Earth Can Do; And The Greatest Opponents To A Federal Government Admit The State Legislatures To Be Sure Guardians Of The People's Liberty.

Charity Is No Part Of The Legislative Duty Of The Government.

Constitution Of The United States

The House Of Representatives ... Can Make No Law, Which Will Not Have Its Full Operation On Themselves And Their Friends, As Well As The Great Mass Of Society. This Has Always Been Deemed One Of The Strongest Bonds By Which Human Policy Can Connect The Rulers And The People Together. It Creates Between Them That Communion Of Interest, And Sympathy Of Sentiments, Of Which Few Governments Have Furnished Examples; But Without Which Every Government Degenerates Into Tyranny.

I Consider It…as Subverting The Fundamental And Characteristic Principle Of The Government…and As Bidding Defiance To The Sense In Which The Constitution Is Known To Have Been Proposed, Advocated, And Adopted. If Congress Can Do Whatever In Their Discretion Can Be Done By Money, And Will Promote The General Welfare, The Government Is No Longer A Limited One.

[the Proposed Establishment] Will Have A . . . Tendency To Banish Our Citizens. . . . To Superadd A Fresh Motive To Emigration By Revoking The Liberty Which They Now Enjoy, Would Be The Same Species Of Folly Which Has Dishonoured And Depopulated Flourishing Kingdoms.

Every Nation Whose Affairs Betray A Want Of Wisdom And Stability May Calculate On Every Loss Which Can Be Sustained From The More Systematic Policy Of Its Wiser Neighbors.

If Congress Can Do Whatever In Their Discretion Can Be Done By Money, And Will Promote The General Welfare, The Government Is No Longer A Limited One, Possessing Enumerated Powers, But An Indefinite One.

In No Instance Have... The Churches Been Guardians Of The Liberties Of The People.

To Provide Employment For The Poor, And Support For The Indigent, Is Among The Primary, And, At The Same Time, Not Least Difficult Cares Of The Public Authority.

Equal Laws Protecting Equal Rights…the Best Guarantee Of Loyalty And Love Of Country.

There Is Not A More Important And Fundamental Principle In Legislation, Than That The Ways And Means Ought Always To Face The Public Engagements; That Our Appropriations Should Ever Go Hand In Hand With Our Promises.

It Is Too Early For Politicians To Presume On Our Forgetting That The Public Good, The Real Welfare Of The Great Body Of The People, Is The Supreme Object To Be Pursued; And That No Form Of Government Whatever Has Any Other Value Than As It May Be Fitted For The Attainment Of This Object.

We Are Free Today Substantially, But The Day Will Come When Our Republic Will Be An Impossibility. It Will Be An Impossibility Because Wealth Will Be Concentrated In The Hands Of A Few. A Republic Cannot Stand Upon Bayonets, And When The Day Comes When The Wealth Of The Nation Will Be In The Hands Of A Few, Then We Must Rely Upon The Wisdom Of The Best Elements In The Country To Readjust The Laws Of The Nations To The Changed Conditions.

No Free Country Has Ever Been Without Parties, Which Are A Natural Offspring Of Freedom.

To The Press Alone, Chequered As It Is With Abuses, The World Is Indebted For All The Triumphs Which Have Been Gained By Reason And Humanity Over Error And Oppression.

The Genius Of Republican Liberty, Seems To Demand On One Side, Not Only That All Power Should Be Derived From The People; But, That Those Entrusted With It Should Be Kept In Dependence On The People, By A Short Duration Of Their Appointments; And, That, Even During This Short Period, The Trust Should Be Placed Not In A Few, But In A Number Of Hands.

Republican Government

The Inference To Which We Are Brought Is That The Causes Of Faction Cannot Be Removed And That Relief Is Only To Be Sought In The Means Of Controlling Its Effects.

The People Shall Not Be Deprived Or Abridged Of Their Right To Speak, Or To Publish Their Sentiments; And The Freedom Of The Press, As One Of The Great Bulwarks Of Liberty, Shall Be Inviolable.

In Contemplating The Pecuniary Resources Needed For The Removal Of Such A Number To So Great A Distance [freed Slaves To Africa], My Thoughts And Hopes Have Long Been Turned To The Rich Fund Presented In The Western Lands Of The Nation . . .

But Ambitious Encroachments Of The Federal Government, On The Authority Of The State Governments, Would Not Excite The Opposition Of A Single State, Or Of A Few States Only. They Would Be Signals Of General Alarm . . . But What Degree Of Madness Could Ever Drive The Federal Government To Such An Extremity.

[in A Democracy] A Common Passion Or Interest Will, In Almost Every Case , Be Felt By A Majority Of The Whole; A Communication And Concert Results From The Form Of Government Itself; And There Is Nothing To Check The Inducements To Sacrifice The Weaker Party Or An Obnoxious Individual.

Had Every Athenian Citizen Been A Socrates, Every Athenian Assembly Would Still Have Been A Mob.

The Diversity In The Faculties Of Men, From Which The Rights Of Property Originate, Is Not Less An Insuperable Obstacle To An Uniformity Of Interests. The Protection Of These Faculties Is The First Object Of Government.

The Danger Of Silent Accumulations & Encroachments By Ecclesiastical Bodies Have Not Sufficiently Engaged Attention In The U.s. [...] Besides The Danger Of A Direct Mixture Of Religion & Civil Government, There Is An Evil Which Ought To Be Guarded Against In The Indefinite Accumulation Of Property From The Capacity Of Holding It In Perpetuity By Ecclesiastical Corporations. [...] The Establishment Of The Chaplainship To Congs. Is A Palpable Violation Of Equal Rights, As Well As Of Constitutional Principles.

On Any Other Hypothesis, The Delegation Of Judicial Power Would Annul The Authority Delegating It; And The Concurrence Of This Department With The Others In Usurped Powers, Might Subvert Forever, And Beyond The Possible Reach Of Any Rightful Remedy, The Very Constitution Which All Were Instituted To Preserve.

Congress Shall Have Power . . . To Promote The Progress Of Science And Useful Arts, By Securing For Limited Time To Authors And Inventors The Exclusive Right To Their Respective Writings And Discoveries.

Torrents Of Blood Have Been Spilt In The World In Vain Attempts Of The Secular Arm To Extinguish Religious Discord, By Proscribing All Differences In Religious Opinions.

Among The Numerous Advantages Promised By A Well-constructed Union, None Deserves To Be More Accurately Developed Than Its Tendency To Break And Control The Violence Of Faction.

It Is Possible That These May All Be Insufficient To Control The Caprice And Wickedness Of Man. But Are They Not All That Government Will Admit, And All That Human Prudence Can Devise?

A Pure Democracy, By Which I Mean A Society Consisting Of A Small Number Of Citizens, Who Assemble And Administer The Government In Person, Can Admit Of No Cure For The Mischiefs Of Faction. A Common Passion Or Interest Will, In Almost Every Case, Be Felt By A Majority Of The Whole; A Communication And Concert Result From The Form Of Government Itself; And There Is Nothing To Check The Inducements To Sacrifice The Weaker Party, Or An Obnoxious Individual. Hence It Is, That Such Democracies Have Ever Been Spectacles Of Turbulence And Contention; Have Ever Been Found Incompatible With Personal Security, Or The Rights Of Property; And Have In General Been As Short In Their Lives, As They Have Been Violent In Their Deaths.

The Constitution Supposes, What The History Of All Governments Demonstrates, That The Executive Is The Branch Of Power Most Interested In War, And Most Prone To It.

In Framing A Government Which Is To Be Administered By Men Over Men You Must First Enable The Government To Control The Governed; And In The Next Place Oblige It To Control Itself.

[r]efusing Or Not Refusing To Execute A Law To Stamp It With Its Final Character . . . Makes The Judiciary Department Paramount In Fact To The Legislature, Which Was Never Intended And Can Never Be Proper.

The Sober People Of America Are Weary Of The Fluctuating Policy Which Has Directed The Public Councils. They Have Seen With Regret And Indignation That Sudden Changes And Legislative Interferences, In Cases Affecting Personal Rights, Become Jobs In The Hands Of Enterprising And Influential Speculators, And Snares To The More-industrious And Less Informed Part Of The Community. They Have Seen, Too, That One Legislative Interference Is But The First Link Of A Long Chain Of Repetitions, Every Subsequent Interference Being Naturally Produced By The Effects Of The Preceding.

At Cheaper And Nearer Seats Of Learning Parents With Slender Incomes May Place Their Sons In A Course Of Education Putting Them On A Level With The Sons Of The Richest.

The Right Of Freely Examining Public Characters And Measures, And Of Free Communication Among The People Thereon . . . Has Ever Been Justly Deemed The Only Effectual Guardian Of Every Other Right.

The Citizens Of The United States Have Peculiar Motives To Support The Energy Of Their Constitutional Charters.

Of All The Enemies To Public Liberty War Is, Perhaps, The Most To Be Dreaded, Because It Comprises And Develops The Germ Of Every Other. War Is The Parent Of Armies; From These Proceed Debts And Taxes; And Armies, Debts, And Taxes Are The Known Instruments For Bringing The Many Under The Domination Of The Few... No Nation Could Preserve Its Freedom In The Midst Of Continual Warfare.

The Great Desideratum In Government Is, So To Modify The Sovereignty As That It May Be Sufficiently Neutral Between Different Parts Of The Society To Controul One Part From Invading The Rights Of Another, And At The Same Time Sufficiently Controuled Itself, From Setting Up An Interest Adverse To That Of The Entire Society.

A Zeal For Different Opinions Concerning Religion...[has] Divided Mankind Into Parties, Inflamed Them With Mutual Animosity, And Rendered Them Much More Disposed To Vex And Oppress Each Other Than To Co-operate For Their Common Good.

[t]he Delegation Of The Government, In [a Republic], To A Small Number Of Citizens Elected By The Rest . . . [is] To Refine And Enlarge The Public Views By Passing Them Through The Medium Of A Chosen Body Of Citizens, Whose Wisdom May Best Discern The True Interest Of Their Country And Whose Patriotism And Love Of Justice Will Be Least Likely To Sacrifice It To Temporary Or Partial Considerations.

A People Armed And Free, Forms A Barrier Against The Enterprises Of Ambition And Is A Bulwark For The Nation Against Foreign Invasion And Domestic Oppression.

A Sincere And Steadfast Co-operation In Promoting Such A Reconstruction Of Our Political System As Would Provide For The Permanent Liberty And Happiness Of The United States.

An Oath-the Strongest Of Religious Ties.

As The Legislative, Executive, And Judicial Departments Of The United States Are Co-ordinate, And Each Equally Bound To Support The Constitution, It Follows That Each Must In The Exercise Of Its Functions Be Guided By The Text Of The Constitution According To Its Own Interpretation Of It.

[property] Embraces Everything To Which A Man May Attach A Value And Have A Right.

To Refer The Power In Question To The Clause "to Provide For The Common Defense And General Welfare" Would Be Contrary To The Established And Consistent Rules Of Interpretation, As Rendering The Special And Careful Enumeration Of Powers Which Follow The Clause Nugatory And Improper. Such A View Of The Constitution Would Have The Effect Of Giving To Congress A General Power Of Legislation Instead Of The Defined And Limited One Hitherto Understood To Belong To Them, The Terms "common Defense And General Welfare" Embracing Every Object And Act Within The Purview Of A Legislative Trust.

The Free System Of Government We Have Established Is So Congenial With Reason, With Common Sense, And With A Universal Feeling, That It Must Produce Approbation And A Desire Of Imitation, As Avenues May Be Found For Truth To The Knowledge Of Nations.

Thus The Right Of Nullification Meant By Mr. Jefferson Is The Natural Right, Which All Admit To Be A Remedy Against Insupportable Oppression.

The Experience Of The United States Is A Happy Disproof Of The Error So Long Rooted In The Unenlightened Minds Of Well Meaning Christians, As Well As In The Corrupt Hearts Of Persecuting Usurpers, That Without A Legal Incorporation Of Religious And Civil Polity, Neither Could Be Supported. A Mutual Independence Is Found Most Friendly To Practical Religion, To Social Harmony, And To Political Prosperity.

The Nation Which Reposes On The Pillow Of Political Confidence, Will Sooner Or Later End Its Political Existence In A Deadly Lethargy.

No Distinction Seems To Be More Obvious Than That Between Spiritual And Temporal Matters. Yet Whenever They Have Been Made Objects Of Legislation, They Have Clashed And Contended With Each Other, Till One Or The Other Has Gained The Supremacy.

The General Government Is Proscribed From The Interfering, In Any Manner Whatsoever, In Matters Respecting Religion; And It May Be Thought To Do This, In Ascertaining Who, And Who Are Not, Ministers Of The Gospel.

If The People Are To Be Our Governors, They Must Arm Themselves With Knowledge.

Let The Influx Of Money Be Ever So Great, If There Be No Confidence, Property Will Sink In Value... The Circulation Of Confidence Is Better Than The Circulation Of Money.

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