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If They Are Incorporated Into The Constitution, Independent Tribunals Of Justice Will Consider Themselves In A Peculiar Manner The Guardians Of Those Rights; They Will Be An Impenetrable Bulwark Against Every Assumption Of Power In The Legislative Or Executive; They Will Be Naturally Led To Resist Every Encroachment Upon Rights Expressly Stipulated For In The Constitution By The Declaration Of Rights.

-James Madison

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If They Are Incorporated

James Madison

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If They Are Incorporated Into The Constitution, Independent Tribunals Of Justice Will Consider Themselves In A Peculiar Manner The Guardians Of Those Rights; They Will Be An Impenetrable Bulwark Against Every Assumption Of Power In The Legislative Or Executive; They Will Be Naturally Led To Resist Every Encroachment Upon Rights Expressly Stipulated For In The Constitution By The Declaration Of Rights.

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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.

Reason, On The Contrary, Assures Us, That As In So Great A Number, A Fit Representative Would Be Most Likely To Be Found, So The Choice Would Be Less Likely To Be Diverted From Him, By The Intrigues Of The Ambitious, Or The Bribes Of The Rich.

Disarm The People- That Is The Best And Most Effective Way To Enslave Them.

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

Government Lies

Frequent Elections Are Unquestionably The Only Policy By Which This Dependence And Sympathy Can Be Effectually Secured. But What Particular Degree Of Frequency May Be Absolutely Necessary For The Purpose, Does Not Appear To Be Susceptible Of Any Precise Calculation; And Must Depend On A Variety Of Circumstances With Which It May Be Connected. Let Us Consult Experience, The Guide That Ought Always To Be Followed, Whenever It Can Be Found.

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?

A Certain Degree Of Preparation For War . . . Affords Also The Best Security For The Continuance Of Peace.

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.

I Own Myself The Friend To A Very Free System Of Commerce, And Hold It As A Truth, That Commercial Shackles Are Generally Unjust, Oppressive And Impolitic - It Is Also A Truth, That If Industry And Labour Are Left To Take Their Own Course, They Will Generally Be Directed To Those Objects Which Are The Most Productive, And This In A More Certain And Direct Manner Than The Wisdom Of The Most Enlightened Legislature Could Point Out.

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.

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

What A Perversion Of The Normal Order Of Things! ... To Make Power The Primary And Central Object Of The Social System, And Liberty But Its Satellite.

War Should Only Be Declared By The Authority Of The People, Whose Toils And Treasures Are To Support Its Burdens, Instead Of The Government Which Is To Reap Its Fruits.

The Powers Of The Federal Government ... Result From The Compact To Which The States Are Parties, [and Are] Limited By The Plain Sense And Intention Of The Instrument Constituting That Compact.

American Citizens Are Instrumental In Carrying On A Traffic In Enslaved Africans, Equally In Violation Of The Laws Of Humanity And In Defiance Of Those Of Their Own Country. The Same Just And Benevolent Motives Which Produced Interdiction In Force Against This Criminal Conduct Will Doubtless Be Felt By Congress In Devising Further Means Of Suppressing The Evil.

For What Purpose Could The Enumeration Of Particular Powers Be Inserted, If These And All Others Were Meant To Be Included In The Preceding General Power?

Were Meant To Be

In The Extent And Proper Structure Of The Union, Therefore, We Behold A Republican Remedy For The Disease Incident To Republican Government.

The Definition Of The Right Of Suffrage Is Very Justly Regarded As A Fundamental Article Of Republican Government.

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.

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.

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.

Truth [comes Only] From Those ... Who Cultivate Their Reason.

In No Part Of The Constitution Is More Wisdom To Be Found Than In The Clause Which Confides The Question Of War Or Peace To The Legislature, And Not The Executive Department. ... The Trust And The Temptation Would Be Too Great For Any One Man.

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.

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 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.

I Have No Doubt But That The Misery Of The Lower Classes Will Be Found To Abate Wherever The Government Assumes A Freer Aspect,& The Laws Favor A Subdivision Of Property.

The Very Definition Of Tyranny Is When All Powers Are Gathered Under One Place.

The Rights Of Man As The Foundation Of Just Government Had Been Long Understood But The Superstructures Projected Had Been Sadly Defective

But The Mere Circumstance Of Complexion Cannot Deprive Them Of The Character Of Men.

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.

Democracy Is The Most Vile Form Of Government.

We Have Staked The Whole Future Of Our New Nation, Not Upon The Power Of Government; Far From It. We Have Staked The Future Of All Our Political Constitutions Upon The Capacity Of Each Of Ourselves To Govern Ourselves According To The Moral Principles Of The Ten Commandments.

Each Generation Should Be Made To Bear The Burden Of Its Own Wars, Instead Of Carrying Them On, At The Expense Of Other Generations.

It Will Be Remembered, That A Frequent Recurrence To Fundamental Principles Is Solemnly Enjoined By Most Of The State Constitutions, And Particularly By Our Own, As A Necessary Safeguard Against The Danger Of Degeneracy, To Which Republics Are Liable, As Well As Other Governments, Though In A Less Degree Than Others.

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 American People Are Too Well Schooled In The Duty And Practice Of Submitting To The Will Of The Majority To Permit Any Serious Uneasiness On That Account

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.

The Means Of Defense Against Foreign Danger Historically Have Become The Instruments Of Tyranny At Home.

Cursed Be All That Learning That Is Contrary To The Cross Of Christ.

Commercial Shackles Are Generally Unjust, Oppressive, And Impolitic.

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.

Is There A Legislative Power In Fact, Not Expressly Prohibited By The Constitution, Which Might Not, According To The Doctrine Of The Court, Be Exercised As A Means Of Carrying Into Effect Some Specified Power?

What Is Government Itself But The Greatest Of All Reflections On Human Nature?

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.

The Interest Of The Man Must Be Connected With The Constitutional Rights Of The Place. It May Be A Reflection On Human Nature, That Such Devices Should Be Necessary To Control The Abuses Of Government. But What Is Government Itself, But The Greatest Of All Reflections On Human Nature?

The Better Proof Of Reverence For That Holy Name Would Be Not To Profane It By Making It A Topic Of Legislative Discussion.

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.

And I Have No Doubt That Every New Example Will Succeed, As Every Past One Has Done, In Showing That Religion And Government Will Both Exist In Greater Purity, The Less They Are Mixed Together.

We Have Seen That The Tendency Of Republican Governments Is To An Aggrandizement Of The Legislative At The Expense Of The Other Departments. The Appeals To The People, Therefore, Would Usually Be Made By The Executive And Judiciary Departments.

Nothing Is So Contagious As Opinion, Especially On Questions Which, Being Susceptible Of Very Different Glosses, Beget In The Mind A Distrust Of Itself.

Procrastination In The Beginning And Precipitation Towards The Conclusion Is The Characteristic Of Such Bodies.

Procrastination

Characteristics

I Go By The Great Republican Principle, That The People Will Have The Virtue And Intelligence To Select Men Of Virtue And Wisdom [to The Offices Of Government].

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.

We Are Teaching The World The Great Truth That Governments Do Better Without Kings & Nobles Than With Them.

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

I Go On The Principle That A Public Debt Is A Public Curse And In A Republican Government More Than In Any Other.

If Slavery, As A National Evil, Is To Be Abolished, And It Be Just That It Be Done At The National Expense, The Amount Of The Expense Is Not A Paramount Consideration.

A Just Security To Property Is Not Afforded By That Government, Under Which Unequal Taxes Oppress One Species Of Property And Reward Another Species.

Measures Are Too Often Decided, Not According To The Rules Of Justice And The Rights Of The Minor Party, But By The Superior Force Of An Interested And Overbearing Majority.

The Temple Through Which Alone Lies The Road To That Of Liberty.

It Is A Principle Incorporated Into The Settled Policy Of America, That As Peace Is Better Than War, War Is Better Than Tribute.

[the Public Has] The Habit Now Of Invalidating Opinions Emanating From Me By Reference To My Age And Infirmities.

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 Number Of Individuals Employed Under The Constitution Of The United States Will Be Much Smaller Than The Number Employed Under The Particular States.

Constitution Of The United States

The Preservation Of A Free Government Requires Not Merely That The Metes And Bounds Which Separate Each Department Of Power Be Invariably Maintained; But More Especially That Neither Of Them Be Suffered To Overleap The Great Barrier Which Defends The Rights Of The People. The Rulers Who Are Guilty Of Such An Encroachment, Exceed The Commission From Which They Derive Their Authority And Are Tyrants. The People Who Submit To It Are Governed By Laws Made Neither By Themselves Nor By An Authority Derived From Them, And Are Slaves.

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.

A Distinction Of Property Results From That Very Protection Which A Free Government Gives To Unequal Faculties Of Acquiring It.

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.

[n]o Religious Test Shall Ever Be Required As A Qualification To Any Office Or Public Trust Under The United States.

I Flatter Myself [we] Have In This Country Extinguished Forever The Ambitious Hope Of Making Laws For The Human Mind.

Conscience Is The Most Sacred Of All Property.

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.

Inference Is Founded Upon Obvious Reasons. Regard To Reputation Has A Less Active Influence, When The Infamy Of A Bad Action Is To Be Divided Upon A Number, Than When It Is To Fall Singly Upon One. A Spirit Of Faction . . . Will Often Hurry The Persons Of Whom They Were Composed Into Improprieties And Excesses For Which They Would Blush In A Private Capacity.

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

The Best Reason To Be Assigned, In This Case, For Not Having Made The Constitution More Free From A Charge Of Uncertainty In Its Meaning, Is Believed To Be, That It Was Not Suspected That Any Such Charge Would Ever Take Place; And It Appears That No Such Charge Did Take Place, During The Early Period Of The Constitution, When The Meaning Of Its Authors Could Be Best Ascertained, Nor Until Many Of The Contemporary Lights Had In The Lapse Of Time Been Extinguished. How Often Does It Happen, That A Notoriety Of Intention Diminishes The Caution Against Its Being Misunderstood Or Doubted!

Democracy Was The Right Of The People To Choose Their Own Tyrant.

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

Enlightened Statesmen Will Not Always Be At The Helm.

Who Are To Be The Electors Of The Federal Representatives? Not The Rich, More Than The Poor

Representatives

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.

It Is The Mutual Duty Of All To Practice Christian Forbearance, Love, And Charity Toward Each Other.

You Give Me A Credit To Which I Have No Claim In Calling Me "the Writer Of The Constitution Of The United States." This Was Not, Like The Fabled Goddess Of Wisdom, The Offspring Of A Single Brain. It Ought To Be Regarded As The Work Of Many Heads And Many Hands.

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

Extend The Sphere And You Take In A Greater Variety Of Parties And Interests; You Make It Less Probable That A Majority Of The Whole Will Have Common Motive To Invade The Rights Of Other Citizens.

The Constitution Of The United States Was Created By The People Of The United States Composing The Respective States, Who Alone Had The Right.

It Is A Misfortune Incident To Republican Government, Though In A Less Degree Than To Other Governments, That Those Who Administer It, May Forget Their Obligations To Their Constituents, And Prove Unfaithful To Their Important Trust.

Union Of Religious Sentiments Begets A Surprising Confidence.

The Smaller The Society, The Fewer Probably Will Be The Distinct Parties And Interests Composing It; The Fewer The Distinct Parties And Interests, The More Frequently Will A Majority Be Found Of The Same Party; . . . The More Easily Will They Concert And Execute Their Plans Of Oppression.

We Look Back, Already, With Astonishment, At The Daring Outrages Committed By Despotism, On The Reason And Rights Of Man; We Look Forward With Joy, To The Period, When It Shall Be Despoiled Of All Its Usurpations, And Bound Forever In The Chains, With Which It Had Loaded Its Miserable Victims.

The Important Distinction So Well Understood In America Between A Constitution Established By The People, And Unalterable By The Government; And A Law Established By The Government, And Alterable By The Government, Seems To Have Been Little Understood And Less Observed In Any Other Country. Wherever The Supreme Power Of Legislation Has Resided, Has Been Supposed To Reside Also, A Full Power To Change The Form Of Government.

There Is One View Of The Subject Which Ought To Have Its Influence On Those Who Espouse Doctrines Which Strike At The Authoritative Origin And Efficacious Operation Of The Government Of The United States. The Government Of The U.s. Like All Governments Free In Their Principles, Rests On Compact; A Compact, Not Between The Government & The Parties Who Formed & Live Under It; But Among The Parties Themselves, And The Strongest Of Governments Are Those In Which The Compacts Were Most Fairly Formed And Most Faithfully Executed.

War Is In Fact The True Nurse Of Executive Aggrandizement

As To The Permanent Interest Of Individuals In The Aggregated Interests Of The Community, And In The Proverbial Maxim, That Honesty Is The Best Policy, Present Temptation Is Often Found To Be An Overmatch For Those Considerations.

If There Be A Principle That Ought Not To Be Questioned Within The United States, It Is That Every Man Has A Right To Abolish An Old Government And Establish A New One. This Principle Is Not Only Recorded In Every Public Archive, Written In Every American Heart, And Sealed With The Blood Of American Martyrs, But Is The Only Lawful Tenure By Which The United States Hold Their Existence As A Nation.

Where An Excess Of Power Prevails, Property Of No Sort Is Duly Respected. No Man Is Safe In His Opinions, His Person, His Faculties, Or His Possessions.

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.

In Europe, Charters Of Liberty Have Been Granted By Power. In America ... Charters Of Power [are] Granted By Liberty.

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.

Nor Is Any Evidence To Be Found, Either In History Or Human Nature, That Nations Are To Be Bribed Out Of A Spirit Of Encroachment And Aggression, By Humiliations Which Nourish Their Pride, Or By Concessions That Extend Their Resources And Power.

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

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?

[the Human Mind] Finds More Facility In Assenting To The Self-existence Of An Invisible Cause Possessing Infinite Power, Wisdom, And Goodness, Than In The Self-existence Of The Universe, Visibly Destitute Of These Attributes, And Which May Be The Effect Of Them.

The Capacity Of The Female Mind For Studies Of The Highest Order Cannot Be Doubted, Having Been Sufficiently Illustrated By Its Works Of Genius, Of Erudition, And Of Science.

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.

Liberty Is To Faction, What Air Is To Fire, An Aliment Without Which It Instantly Expires. But It Could Not Be A Less Folly To Abolish Liberty, Which Is Essential To Political Life, Because It Nourishes Faction, Than It Would Be To Wish The Annihilation Of Air, Which Is Essential To Animal Life, Because It Imparts To Fire Its Destructive Agency.

Good Conscience Is The Most Valuable Asset Of All!

An Alliance Or Coalition Between Government And Religion Cannot Be Too Carefully Guarded Against......every New And Successful Example Therefore Of A Perfect Separation Between Ecclesiastical And Civil Matters Is Of Importance........religion And Government Will Exist In Greater Purity, Without (rather) Than With The Aid Of Government.

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.

It May Be Considered As An Objection Inherent In The Principle, That As Every Appeal To The People Would Carry An Implication Of Some Defect In The Government, Frequent Appeals Would In Great Measure Deprive The Government Of That Veneration Which Time Bestows On Every Thing, And Without Which Perhaps The Wisest And Freest Governments Would Not Possess The Requisite Stability . . . A Constitutional Road To The Decision Of The People Ought To Be Marked Out And Kept Open, For Certain Great And Extraordinary Occasions

Having Outlived So Many Of My Contemporaries, I Ought Not To Forget That I May Be Thought To Have Outlived Myself.

Of All The Enemies Of Public Liberty, War Is Perhaps The Most To Be Dreaded, Because It Comprises And Develops The Germ Of Every Other.

Those Who Hold And Those Who Are Without Property Have Ever Formed Distinct Interests In Society.

Justice Is The End Of Government. It Is The End Of Civil Society. It Ever Has Been And Ever Will Be Pursued Until It Be Obtained, Or Until Liberty Be Lost In The Pursuit.

From The The Protection Of Different And Unequal Faculties Of Acquiring Property, The Possession Of Different Degrees And Kinds Of Property Immediately Results.

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.

Government Destitute Of Energy, Will Ever Produce Anarchy.

The Great Objects Which Presented Themselves [to The Constitutional Convention] ... Formed A Task More Difficult Than Can Be Well Conceived By Those Who Were Not Concerned In The Execution Of It. Adding To These Considerations The Natural Diversity Of Human Opinions On All New And Complicated Subjects, It Is Impossible To Consider The Degree Of Concord Which Ultimately Prevailed As Less Than A Miracle.

[t]he Bill Exceeds The Rightful Authority To Which Governments Are Limited By The Essential Distinction Between Civil And Religious Functions, And Violates In Particular The Article Of The Constitution Of The United States Which Declares That Congress Shall Make No Law Respecting A Religious Establishment.... This Particular Church, Therefore, Would So Far Be A Religious Establishment By Law, A Legal Force And Sanction Being Given To Certain Articles In Its Constitution And Administration.

In This Relation, Then, The Proposed Government Cannot Be Deemed A National One; Since Its Jurisdiction Extends To Certain Enumerated Objects Only, And Leaves To The Several States, A Residuary And Inviolable Sovereignty Over All Other Objects.

Let Me Recommend The Best Medicine In The World: A Long Journey, At A Mild Season, Through A Pleasant Country, In Easy Stages.

Because We Hold It For 'a Fundamental And Undeniable Truth', That Religion Or 'the Duty Which We Owe To Our Creator' And The Manner Of Discharging It, Can Be Directed Only By Reason And Conviction, Not By Force Or Violence.

Religious Truth

[regarding Legislative Assemblies,] The Number Ought At Most To Be Kept Within A Certain Limit, In Order To Avoid The Confusion And Intemperance Of A Multitude. In All Very Numerous Assemblies, Of Whatever Characters Composed, Passion Never Fails To Wrest The Scepter From Reason. Had Every Athenian Citizen Been A Socrates, Every Athenian Assembly Would Still Have Been A Mob.

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.

There Is A Degree Of Depravity In Mankind Which Requires A Certain Degree Of Circumspection And Distrust.

It May Not Be Improper, However, To Remark Two Consequences, Evidently Flowing From An Extension Of The Federal Power To Every Subject Falling Within The Idea Of The "general Welfare." One Consequence Must Be, To Enlarge The Sphere Of Discretion Allotted To The Executive Magistrate... The Other Consequence Would Be, That Of An Excessive Augmentation Of The Offices, Honors, And Emoluments, Depending On The Executive Will.

Temporary Deviations From Fundamental Principles Are Always More Or Less Dangerous. When The First Pretext Fails, Those Who Become Interested In Prolonging The Evil Will Rarely Be At A Loss For Other Pretexts.

I Have Ever Regarded The Freedom Of Religious Opinions And Worship As Equally Belonging To Every Sect.

It Is Impossible For The Man Of Pious Reflection Not To Perceive In It [the Constitution] A Finger Of That Almighty Hand Which Has Been So Frequently And Signally Extended To Our Relief In The Critical Stages Of The Revolution.

The Real Wonder Is That So Many Difficulties Should Have Been Surmounted [in The Federal Convention], And Surmounted With A Unanimity Almost As Unprecedented As It Must Have Been Unexpected. It Is Impossible For Any Man Of Candor To Reflect On This Circumstance Without Partaking Of The Astonishment. It Is Impossible For The Man Of Pious Reflection Not To Perceive In It A Finger Of That Almighty Hand Which Has Been So Frequently And Signally Extended To Our Relief In The Critical Stages Of The Revolution.

I Love The Summer.... The Warm Weather, Hangin Out With Friends, And Swimmin In The Warm Water..... But Most Importantly Grabin A Glove And A Ball And Playin Some Softball In The Heat.

The Alien Bill Proposed In The Senate Is A Monster That Must Forever Disgrace Its Parents.

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.

No Nation Could Preserve Its Freedom In The Midst Of Continual Warfare.

Democracies Have

Man, Who Preys Both On The Vegetable And Animal Species, Is Himself A Prey To Neither. He Too Possesses The Reproductive Principle Far Beyond The Degree Requisite For The Bare Continuance Of His Species. What Becomes Of The Surplus Of Human Life To Which This Principle Is Competent?

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

Security Against Foreign Danger Is One Of The Primitive Objects Of Civil Society. It Is An Avowed And Essential Object Of The American Union.

We Have Seen The Mere Distinction Of Color Made In The Most Enlightened Period Of Time, A Ground Of The Most Oppressive Dominion Ever Exercised By Man Over Man.

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.

Is The Appointment Of Chaplains To The Two Houses Of Congress Consistent With The Constitution, And With The Pure Principle Of Religious Freedom? In Strictness The Answer On Both Points Must Be In The Negative. The Constitution Of The U. S. Forbids Everything Like An Establishment Of A National Religion. The Law Appointing Chaplains Establishes A Religious Worship For The National Representatives, To Be Performed By Ministers Of Religion, Elected By A Majority Of Them, And These Are To Be Paid Out Of The National Taxes. Does This Not Involve The Principle Of A National Establishment ... ?

[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.

Because The Bill In Reserving A Certain Parcel Of Land In The United States For The Use Of Said Baptist Church Comprises A Principle And A Precedent For The Appropriation Of Funds Of The United States For The Use And Support Of Religious Societies, Contrary To The Article Of The Constitution Which Declares That "congress Shall Make No Law Respecting A Religious Establishment."

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.

That Diabolical Hell Conceived Principle Of Persecution Rages Amoung Some And To Their Eternal Infamy The Clergy Can Furnish Their Quota Of Imps For Such Business.

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 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.

It May Not Be Easy, In Every Possible Case, To Trace The Line Of Separation Between The Rights Of Religion And The Civil Authority With Such Distinctness As To Avoid Collisions And Doubts On Unessential Points. The Tendency To Unsurpastion On One Side Or The Other, Or To A Corrupting Coalition Or Alliance Between Them, Will Be Best Guarded Agst. By An Entire Abstinence Of The Gov't From Interfence In Any Way Whatsoever, Beyond The Necessity Of Preserving Public Order, And Protecting Each Sect Agst. Trespasses On Its Legal Rights By Others.

A Man Has A Property In His Opinions And The Free Communication Of Them.

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 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.

The Diversity In The Faculties Of Men, From Which The Rights Of Property Originate, Is Not Less An Insuperable Obstacle To A Uniformity Of Interests. The Protection Of These Faculties Is The First Object Of Government. From The Protection Of Different And Unequal Faculties Of Acquiring Property, The Possession Of Different Degrees And Kinds Of Property Immediately Results; And From The Influence Of These On The Sentiments And Views Of The Respective Proprietors, Ensues A Division Of The Society Into Different Interests And Parties.

The Personal Right To Acquire Property, Which Is A Natural Right, Gives To Property, When Acquired, A Right To Protection, As A Social Right.

The Class Of Citizens Who Provide At Once Their Own Food And Their Own Raiment, May Be Viewed As The Most Truly Independent And Happy.

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.

[t]he Most Common And Durable Source Of Factions Has Been The Various And Unequal Distribution Of Property. Those Who Hold And Those Who Are Without Property Have Ever Formed Distinct Interests In Society. Those Who Are Creditors, And Those Who Are Debtors, Fall Under A Like Discrimination. A Landed Interest, A Manufacturing Interest, A Mercantile Interest, A Moneyed Interest, With Many Lesser Interests, Grow Up Of Necessity In Civilized Nations, And Divide Them Into Different Classes, Actuated By Different Sentiments And Views.

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?

As The People Of The United States Enjoy The Great Merit Of Having Established A System Of Government On The Basis Of Human Rights, And Of Giving It A Form Without Example, Which, As They Believe, Unites The Greatest National Strength With The Best Security For Public Order And Individual Liberty, They Owe To Themselves, To Their Posterity And To The World, A Preservation Of The System In Its Purity, Its Symmetry, And Its Authenticity.

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.

The Right Of The Citizens To Bear Arms In Defense Of Themselves And The State Shall Not Be Questioned.

A Standing Military Force, With An Overgrown Executive Will Not Long Be Safe Companions To Liberty.

For The Same Reason That The Members Of The State Legislatures Will Be Unlikely To Attach Themselves Sufficiently To National Objects, The Members Of The Federal Legislature Will Be Likely To Attach Themselves Too Much To Local Objects.

Because The Bill Vests In The Said Incorporated Church An Authority To Provide For The Support Of The Poor And The Education Of Poor Children Of The Same, An Authority Which, Being Altogether Superfluous If The Provision Is To Be The Result Of Pious Charity, Would Be A Precedent For Giving To Religious Societies As Such A Legal Agency In Carrying Into Effect A Public And Civil Duty.

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.

That Is Not A Just Government, Nor Is Property Secure Under It, Where The Property Which A Man Has In His Personal Safety And Personal Liberty, Is Violated By Arbitrary Seizures Of One Class Of Citizens For The Service Of The Rest.

If Congress Can Employ Money Indefinitely To The General Welfare... They May Appoint Teachers In Every State... The Powers Of Congress Would Subvert The Very Foundation, The Very Nature Of The Limited Government Established By The People Of America.

Conscience Is The Most Sacred Of All Property; Other Property Depending In Part On Positive Law, The Exercise Of That Being A Natural And Unalienable Right. To Guard A Man's House As His Castle, To Pay Public And Enforce Private Debts With The Most Exact Faith, Can Give No Title To Invade A Man's Conscience, Which Is More Sacred Than His Castle, Or To Withhold From It That Debt Of Protection For Which The Public Faith Is Pledged By The Very Nature And Original Conditions Of The Social Pact.

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.

The Settled Opinion Here Is That Religion Is Essentially Distinct From Civil Govt. And Exempt From Its Cognizance; That A Connection Between Them Is Injurious To Both.

[restraints On The Press] In All Ages, Have Debauched Morals, Depressed Liberty, Shackled Religion, Supported Despotism, And Deluged The Scaffold With Blood.

What Prudent Merchant Will Hazard His Fortunes In Any New Branch Of Commerce When He Knows Not That His Plans May Be Rendered Unlawful Before They Can Be Executed?

We Are Right To Take Alarm At The First Experiment Upon Our Liberties.

Tyranny Founding Fathers

The Rights Of Persons, And The Rights Of Property, Are The Objects, For The Protection Of Which Government Was Instituted.

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.

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.

There Is In Every Breast A Sensibility To Marks Of Honor, Of Favor, Of Esteem, And Of Confidence, Which, Apart From All Considerations Of Interest, Is Some Pledge For Grateful And Benevolent Returns. Ingratitude Is A Common Topic Of Declamation Against Human Nature; And It Must Be Confessed, That Instances Of It Are But Too Infrequent And Flagrant Both In Public And In Private Life. But The Universal And Extreme Indignation Which It Inspires, Is Itself A Proof Of The Energy And Prevalence Of The Contrary Sentiment.

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.

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

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

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

A Government Resting On The Minority Is An Aristocracy, Not A Republic, And Could Not Be Safe With A Numerical And Physical Force Against It, Without A Standing Army, An Enslaved Press And A Disarmed Populace.

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.

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

The Power Of Taxing People And Their Property Is Essential To The Very Existence Of Government.

Who Does Not See That . . . The Same Authority Which Can Force A Citizen To Contribute Three Pence Only Of His Property For The Support Of Any One Establishment, May Force Him To Conform To Any Other Establishment In All Cases Whatsoever?

Congress Should Not Establish A Religion, And Enforce The Legal Observation Of It By Law, Nor Compel Men To Worship God In Any Manner Contrary To Their Conscience.

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.

[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.

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.

I Have Sometimes Thought There Could Be No Stronger Testimony In Favor Of Religion Or Against Temporal Enjoyments Even The Most Rational And Manly Than For Men Who Occupy The Most Honorable And Gainful Departments And Are Rising In Reputation And Wealth, Publicly To Declare Their Unsatisfactoriness By Becoming Fervent Advocates In The Cause Of Christ, & I Wish You May Give In Your Evidence In This Way. Such Instances Have Seldom Occurred, Therefore They Would Be More Striking And Would Be Instead Of A "cloud Of Witnesses.

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.

Torrents Of Blood Have Been Spilt In The Old World, By Vain Attempts Of The Secular Arm, To Extinguish Religious Discord, By Proscribing All Difference In Religious Opinion. Time Has At Length Revealed The True Remedy. Every Relaxation Of Narrow And Rigorous Policy, Wherever It Has Been Tried, Has Been Found To Assuage The Disease.

But The Most Deplorable Effect Of All, Is That Diminution Of Attachment And Reverence, Which Steals Into The Hearts Of The People, Towards A Political System Which Betrays So Many Marks Of Infirmity, And Disappoints So Many Of Their Flattering Hopes. No Government, Any More Than An Individual, Will Long Be Respected, Without Being Truly Respectable; Nor Be Truly Respectable, Without Possessing A Certain Portion Of Order And Stability.

Ambition Must Be Made To Counteract Ambition.

Is There No Virtue Among Us? If There Be Not, We Are In A Wretched Situation. No Theoretical Checks-no Form Of Government Can Render Us Secure. To Suppose That Any Form Of Government Will Secure Liberty Or Happiness Without Any Virtue In The People, Is A Chimerical Idea, If There Be Sufficient Virtue And Intelligence In The Community, It Will Be Exercised In The Selection Of These Men. So That We Do Not Depend On Their Virtue, Or Put Confidence In Our Rulers, But In The People Who Are To Choose Them.

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.

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

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.

These Examples, Though As Unfit For The Imitation, As They Are Repugnant To The Genius Of America, Are Notwithstanding . . . Very Instructive Proofs Of The Necessity Of Some Institution That Will Blend Stability With Liberty.

Rulers Who Wished To Subvert The Public Liberty, May Have Found An Established Clergy Convenient Auxiliaries. A Just Government Instituted To Secure & Perpetuate It Needs Them Not.

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.

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