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If We Are In Earnest About Giving The Union Energy And Duration We Must Abandon The Vain Project Of Legislating Upon The States In Their Collective Capacities.

-Alexander Hamilton

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Alexander Hamilton

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If We Are In Earnest About Giving The Union Energy And Duration We Must Abandon The Vain Project Of Legislating Upon The States In Their Collective Capacities.

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It Equally Proves, That Though Individual Oppression May Now And Then Proceed From The Courts Of Justice, The General Liberty Of The People Can Never Be Endangered From That Quarter; I Mean So Long As The Judiciary Remains Truly Distinct From Both The Legislature And The Executive. For I Agree, That "there Is No Liberty, If The Power Of Judging Be Not Separated From The Legislative And Executive Powers." And It Proves, In The Last Place, That As Liberty Can Have Nothing To Fear From The Judiciary Alone, But Would Have Every Thing To Fear From Its Union With Either Of The Other Departments.

The History Of Ancient And Modern Republics Had Taught Them That Many Of The Evils Which Those Republics Suffered Arose From The Want Of A Certain Balance, And That Mutual Control Indispensable To A Wise Administration. They Were Convinced That Popular Assemblies Are Frequently Misguided By Ignorance, By Sudden Impulses, And The Intrigues Of Ambitious Men; And That Some Firm Barrier Against These Operations Was Necessary. They, Therefore, Instituted Your Senate.

The Law... Dictated By God Himself Is, Of Course, Superior In Obligation To Any Other. It Is Binding Over All The Globe, In All Countries, And At All Times. No Human Laws Are Of Any Validity If Contrary To This.

It May Be Said That The Power Of Preventing Bad Laws Includes That Of Preventing Good Ones; And May Be Used To The One Purpose As Well As To The Other. But This Objection Will Have Little Weight With Those Who Can Properly Estimate The Mischiefs Of That Inconstancy And Mutability In The Laws, Which Form The Greatest Blemish In The Character And Genius Of Our Governments.

But The Greatest Obstacle Of All To The Successful Prosecution Of A New Branch Of Industry In A Country, In Which It Was Before Unknown, Consists . . . In The Bounties, Premiums, And Other Aids Which Are Granted, In A Variety Of Cases, By The Nations, In Which The Establishments To Be Imitated Are Previously Introduced.

The Civil Jury Is A Valuable Safeguard To Liberty.

Safety From External Danger Is The Most Powerful Director Of National Conduct. Even The Ardent Love Of Liberty Will, After A Time, Give Way To Its Dictates. The Violent Destruction Of Life And Property Incident To War, The Continual Effort And Alarm Attendant On A State Of Continual Danger, Will Compel Nations The Most Attached To Liberty To Resort For Repose And Security To Institutions Which Have A Tendency To Destroy Their Civil And Political Rights. To Be More Safe, They At Length Become Willing To Run The Risk Of Being Less Free.

To All General Purposes We Have Uniformly Been One People Each Individual Citizen Everywhere Enjoying The Same National Rights, Privileges, And Protection.

This Balance Between The National And State Governments Ought To Be Dwelt On With Peculiar Attention, As It Is Of The Utmost Importance. It Forms A Double Security To The People. If One Encroaches On Their Rights They Will Find A Powerful Protection In The Other. Indeed, They Will Both Be Prevented From Overpassing Their Constitutional Limits By A Certain Rivalship, Which Will Ever Subsist Between Them.

These Powers Ought To Exist Without Limitation, Because It Is Impossible To Foresee Or To Define The Extent And Variety Of National Exigencies, And The Correspondent Extent And Variety Of The Means Which May Be Necessary To Satisfy Them.

Perhaps Myself The First, At Some Expense Of Popularity, To Unfold The True Character Of Jefferson, It Is Too Late For Me To Become His Apologist. Nor Can I Have Any Disposition To Do It. I Admit That His Politics Are Tinctured With Fanaticism, That He Is Too Much In Earnest In His Democracy, That He Has Been A Mischievous Enemy To The Principle Measures Of Our Past Administration, That He Is Crafty & Persevering In His Objects, That He Is Not Scrupulous About The Means Of Success, Nor Very Mindful Of Truth, And That He Is A Contemptible Hypocrite.

As On The One Hand, The Necessity For Borrowing In Particular Emergencies Cannot Be Doubted, So On The Other, It Is Equally Evident That To Be Able To Borrow Upon Good Terms, It Is Essential That The Credit Of A Nation Should Be Well Established.

In All General Questions Which Become The Subjects Of Discussion, There Are Always Some Truths Mixed With Falsehoods. I Confess, There Is Danger Where Men Are Capable Of Holding Two Offices. Take Mankind In General, They Are Vicious, Their Passions May Be Operated Upon. We Have Been Taught To Reprobate The Danger Of Influence In The British Government, Without Duly Reflecting How Far It Was Necessary To Support A Good Government. We Have Taken Up Many Ideas Upon Trust, And At Last, Pleased With Our Own Opinions, Establish Them As Undoubted Truths.

It Will Be Forgotten, On The One Hand, That Jealousy Is The Usual Concomitant Of Violent Love, And That The Noble Enthusiasm Of Liberty Is Too Apt To Be Infected With A Spirit Of Narrow And Illiberal Distrust. On The Other Hand, It Will Be Equally Forgotten, That The Vigour Of Government Is Essential To The Security Of Liberty.

The System Is The Best That The Present Views And Circumstances Of The Country Will Permit.

That Americans Are Entitled To Freedom Is Incontestable On Every Rational Principle. All Men Have One Common Original: They Participate In One Common Nature, And Consequently Have One Common Right. No Reason Can Be Assigned Why One Man Should Exercise Any Power Or Preeminence Over His Fellow-creatures More Than Another; Unless They Have Voluntarily Vested Him With It.

It Will Be Of Little Avail To The People, That The Laws Are Made By Men Of Their Own Choice, If The Laws Be So Voluminous That They Cannot Be Read, Or So Incoherent That They Cannot Be Understood; If They Be Repealed Or Revised Before They Are Promulgated, Or Undergo Such Incessant Changes That No Man, Who Knows What The Law Is To-day, Can Guess What It Will Be Tomorrow.

There Is A Certain Enthusiasm In Liberty, That Makes Human Nature Rise Above Itself, In Acts Of Bravery And Heroism.

Remember Civil And Religious Liberty Always Go Together: If The Foundation Of The One Be Sapped, The Other Will Fall Of Course.

Learn To Think Continentally.

Constitutions Of Civil Government Are Not To Be Framed Upon A Calculation Of Existing Exigencies, But Upon A Combination Of These With The Probable Exigencies Of Ages, According To The Natural And Tried Course Of Human Affairs. Nothing, Therefore, Can Be More Fallacious Than To Infer The Extent Of Any Power, Proper To Be Lodged In The National Government, From An Estimate Of Its Immediate Necessities.

The Safety Of A Republic Depends Essentially On The Energy Of A Common National Sentiment; On A Uniformity Of Principles And Habits; On The Exemption Of The Citizens From Foreign Bias And Prejudice; And On That Love Of Country Which Will Almost Invariably Be Found To Be Closely Connected With Birth, Education And Family.

Bias And Prejudice

The Idea Of Governing At All Times By The Simple Force Of Law (which We Have Been Told Is The Only Admissible Principle Of Republican Government) Has No Place But In The Reveries Of Those Political Doctors Whose Sagacity Disdains The Admonitions Of Experimental Instruction.

With Regard To The Learned Professions, Little Need Be Observed; They Truly Form No Distinct Interest In Society . . . [discussing The Landed, Merchant, And Learned Classes In Legislative Assembly]. Will Not The Man Of The Learned Profession, Who Will Feel A Neutrality To The Rivalships Between The Different Branches Of Industry, Be Likely To Prove An Impartial Arbiter Between Them, Ready To Promote Either, So Far As It Shall Appear To Him Conducive To The General Interests Of Society?

A Nation Which Can Prefer Disgrace To Danger Is Prepared For A Master, And Deserves One.

American Revolution

The Sacred Rights Of Mankind Are Not To Be Rummaged For Among Old Parchments Or Musty Records. They Are Written, As With A Sunbeam, In The Whole Volume Of Human Nature, By The Hand Of The Divinity Itself; And Can Never Be Erased.

I Have Carefully Examined The Evidences Of The Christian Religion, And If I Was Sitting As A Juror Upon Its Authenticity I Would Unhesitatingly Give My Verdict In Its Favor. I Can Prove Its Truth As Clearly As Any Proposition Ever Submitted To The Mind Of Man.

There Is Something So Far-fetched And So Extravagant In The Idea Of Danger To Liberty From The Militia That One Is At A Loss Whether To Treat It With Gravity Or With Raillery; Whether To Consider It As A Mere Trial Of Skill, Like The Paradoxes Of Rhetoricians; As A Disingenuous Artifice To Instil Prejudices At Any Price; Or As The Serious.

It Will Be Well To Advert To The Proportion Between The Objects That Will Require A Federal Provision In Respect To Revenue; And Those Which Will Require A State Provision. We Shall Discover That The Former Are Altogether Unlimited; And That The Latter Are Circumscribed Within Very Moderate Bounds.

The Reasonableness Of The Agency Of The National Courts In Cases In Which The State Tribunals Cannot Be Supposed To Be Impartial, Speaks For Itself. No Man Ought Certainly To Be A Judge In His Own Cause, Or In Any Cause In Respect To Which He Has The Least Interest Or Bias.

Little More Can Reasonably Be Aimed At With Respect To The People At Large Than To Have Them Properly Armed.

Second Amendment

Great Ambition, Unchecked By Principle, Or The Love Of Glory, Is An Unruly Tyrant.

Jurors Should Acquit, Even Against The Judge's Instruction . . . If Exercising Their Judgment With Discretion And Honesty They Have A Clear Conviction The Charge Of The Court Is Wrong.

A Government, The Constitution Of Which Renders It Unfit To Be Trusted With All The Powers Which A Free People Ought To Delegate To Any Government, Would Be An Unsafe And Improper Depositary Of The National Interests.

Laws Are A Dead Letter Without Courts To Expound And Define Their True Meaning And Operation.

But Though A Funded Debt Is Not In The First Instance, An Absolute Increase Of Capital, Or An Augmentation Of Real Wealth; Yet By Serving As A New Power In The Operation Of Industry, It Has Within Certain Bounds A Tendency To Increase The Real Wealth Of A Community, In Like Manner As Money Borrowed By A Thrifty Farmer, To Be Laid Out In The Improvement Of His Farm May, In The End, Add To His Stock Of Real Riches.

When Human Laws Contradict Or Discountenance The Means, Which Are Necessary To Preserve The Essential Rights Of Any Society, They Defeat The Proper End Of All Laws, And So Become Null And Void.

It Is A Just Observation That The People Commonly Intend The Public Good. This Often Applies To Their Very Errors. But Their Good Sense Would Despise The Adulator Who Should Pretend They Always Reason Right About The Means Of Promoting It.

The Truth Is That The General Genius Of A Government Is All That Can Be Substantially Relied Upon For Permanent Effects. Particular Provisions, Though Not Altogether Useless, Have Far Less Virtue And Efficacy Than Are Commonly Ascribed To Them; And The Want Of Them Will Never Be With Men Of Sound Discernment A Decisive Objection To Any Plan Which Exhibits The Leading Characters Of A Good Government.

Now, Mark My Words. So Long As We Are A Young And Virtuous People, This Instument Will Bind Us Together In Mutual Interests, Mutual Welfare, And Mutual Happiness. But When We Become Old And Corrupt, It Will Bind No Longer.

Mutual Interest

There Is A Contagion In Example Which Few Men Have Sufficient Force Of Mind To Resist.

The Proposed Constitution, So Far From Implying An Abolition Of The State Governments, Makes Them Constituent Parts Of The National Sovereignty, By Allowing Them A Direct Representation In The Senate, And Leaves In Their Possession Certain Exclusive And Very Important Portions Of Sovereign Power. This Fully Corresponds, In Every Rational Import Of The Terms, With The Idea Of A Federal Government.

They Are Not Rules Prescribed By The Sovereign To The Subject, But Agreements Between Sovereign And Sovereign.

Every Individual Of The Community At Large Has An Equal Right To The Protection Of Government.

The Militia Is A Voluntary Force Not Associated Or Under The Control Of The States Except When Called Out; [ When Called Into Actual Service] A Permanent Or Long Standing Force Would Be Entirely Different In Make-up And Call.

Upon This Law, Depend The Natural Rights Of Mankind, The Supreme Being Gave Existence To Man, Together With The Means Of Preserving And Beatifying That Existence. He Endowed Him With Rational Faculties, By The Help Of Which, To Discern And Pursue Such Things, As Were Consistent With His Duty And Interest, And Invested Him With An Inviolable Right To Personal Liberty, And Personal Safety.

[t]he Constitution Ought To Be The Standard Of Construction For The Laws, And That Wherever There Is An Evident Opposition, The Laws Ought To Give Place To The Constitution. But This Doctrine Is Not Deducible From Any Circumstance Peculiar To The Plan Of Convention, But From The General Theory Of A Limited Constitution.

Ambition Without Principle Never Was Long Under The Guidance Of Good Sense.

Experience Teaches, That Men Are Often So Much Governed By What They Are Accustomed To See And Practice, That The Simplest And Most Obvious Improvements . . . Are Adopted With Hesitation, Reluctance, And Slow Gradations.

Allow A Government To Decline Paying Its Debts And You Overthrow All Public Morality-you Unhinge All The Principles That Preserve The Limits Of Free Constitutions. Nothing Can More Affect National Prosperity Than A Constant And Systematic Attention To Extinguish The Present Debt And To Avoid As Much As Possibly The Incurring Of Any New Debt.

Though A Wide Ocean Separates The United States From Europe, Yet There Are Various Considerations That Warn Us Against An Excess Of Confidence Or Security.

Of Those Men Who Have Overturned The Liberties Of Republics, The Greatest Number Have Begun Their Career By Paying An Obsequious Court To The People, Commencing Demagogues And Ending Tyrants.

A Law, By The Very Meaning Of The Term, Includes Supremacy. It Is A Rule Which Those To Whom It Is Prescribed Are Bound To Observe. This Results From Every Political Association.

All Communities Divide Themselves Into The Few And The Many. The First Are The Rich And Well Born, The Other The Mass Of The People. The Voice Of The People Has Been Said To Be The Voice Of God; And However Generally This Maxim Has Been Quoted And Believed, It Is Not True In Fact. The People Are Turbulent And Changing; They Seldom Judge Or Determine Right. Give Therefore To The First Class A Distinct, Permanent Share In The Government.

Were Not The Disadvantages Of Slavery Too Obvious To Stand In Need Of It, I Might Enumerate And Describe The Tedious Train Of Calamities Inseparable From It. I Might Show That It Is Fatal To Religion And Morality; That It Tends To Debase The Mind, And Corrupt Its Noblest Springs Of Action. I Might Show That It Relaxes The Sinews Of Industry, Clips The Wings Of Commerce, And Introduces Misery And Indigence In Every Shape.

The Natural Effect Of Low Interest Is To Increase Trade And Industry; Because Undertakings Of Every Kind Can Be Prosecuted With Greater Advantage.

Civil Liberty Is Only Natural Liberty, Modified And Secured By The Sanctions Of Civil Society. It Is Not A Thing, In Its Own Nature, Precarious And Dependent On Human Will And Caprice; But It Is Conformable To The Constitution Of Man, As Well As Necessary To The Well-being Of Society.

Experience Is The Oracle Of Truth; And Where Its Responses Are Unequivocal, They Ought To Be Conclusive And Sacred.

A National Debt If It Is Not Excessive Will Be To Us A National Blessing; It Will Be Powerfull Cement Of Our Union. It Will Also Create A Necessity For Keeping Up Taxation To A Degree Which Without Being Oppressive, Will Be A Spur To Industry.

There Are Still To Be Found Visionary Or Designing Men, Who Stand Ready To Advocate The Paradox Of Perpetual Peace Between The States, Though Dismembered And Alienated From Each Other.... The Genius Of Republics, Say They, Is Pacific; The Spirit Of Commerce Has A Tendency To Soften The Manners Of Men, And To Extinguish Those Inflammable Humours Which Have So Often Kindled Into Wars. Commercial Republics, Like Ours, Will Never Be Disposed To Waste Themselves In Ruinous Contentions With Each Other. They Will Be Governed By Mutual Interest, And Will Cultivate A Spirit Of Mutual Amity And Concord.

Mutual Interest

Give Me The Steady, Uniform, Unshaken Security Of Constitutional Freedom. Give Me The Right To Be Tried By A Jury Of My Own Neighbors, And To Be Taxed By My Own Representatives Only. What Will Become Of The Law And Courts Of Justice Without This? The Shadow May Remain, But The Substance Will Be Gone. I Would Die To Preserve The Law Upon A Solid Foundation; But Take Away Liberty, And The Foundation Is Destroyed.

Happy Will It Be For Ourselves, And Most Honorable For Human Nature, If We Have Wisdom And Virtue Enough To Set So Glorious An Example To Mankind!

In The Main It Will Be Found That A Power Over A Man's Support [salary] Is A Power Over His Will.

If We Set Out With... A Scrupulous Regard To The Constitution, The Government Will Acquire A Spirit And A Tone Productive Of Permanent Blessings To The Community. If On The Contrary,... The Constitution Is Slighted, Or Explained Away, Upon Every Frivolous Pretext, The Future Of Government Will Be Feeble, Distracted And Arbitrary. The Rights Of The Subjects Will Be The Sport Of Every Party Vicissitude. There Will Be No Settled Rule Of Conduct, But Everything Will Fluctuate With The Alternate Prevalency Of Contending Factions.

What Plan For The Regulation Of The Militia May Be Pursued By The National Government Is Impossible To Be Foreseen...the Project Of Disciplining All The Militia Of The United States Is As Futile As It Would Be Injurious If It Were Capable Of Being Carried Into Execution... Little More Can Reasonably Be Aimed At With The Respect To The People At Large Than To Have Them Properly Armed And Equipped ; And In Order To See That This Be Not Neglected, It Will Be Necessary To Assemble Them Once Or Twice In The Course Of A Year.

Foreign Influence Is Truly The Grecian Horse To A Republic. We Cannot Be Too Careful To Exclude Its Influence.

Has It Not. . . Invariably Been Found That Momentary Passions, And Immediate Interests, Have A More Active And Imperious Control Over Human Conduct Than General Or Remote Considerations Of Policy, Utility And Justice?

Unless Your Government Is Respectable, Foreigners Will Invade Your Rights; And To Maintain Tranquillity You Must Be Respectable; Even To Observe Neutrality You Must Have A Strong Government.

In Disquisitions Of Every Kind There Are Certain Primary Truths, Or First Principles, Upon Which All Subsequent Reasoning Must Depend.

A Feeble Executive Implies A Feeble Execution Of The Government. A Feeble Execution Is But Another Phrase For A Bad Execution; And A Government Ill Executed, Whatever May Be Its Theory, Must Be, In Practice, A Bad Government.

And It Is Long Since I Have Learned To Hold Popular Opinion Of No Value.

The Variety Of More Minute Interests, Which Will Necessarily Fall Under The Superintendence Of The Local Administrations . . . Cannot Be Particularized Without Involving A Detail Too Tedious And Uninteresting To Compensate For The Instruction It Might Afford.

The Inhabitants Of Territories, Often The Theatre Of War, Are Unavoidably Subject To Frequent Infringements On Their Rights, Which Serve To Weaken Their Sense Of Those Rights; And By Degrees, The People Are Brought To Consider The Soldiery Not Only As Their Protectors But As Their Superiors.

The Rights Of Neutrality Will Only Be Respected When They Are Defended By An Adequate Power. A Nation, Despicable By Its Weakness, Forfeits Even The Privilege Of Being Neutral.

It Is The Advertiser Who Provides The Paper For The Subscriber. It Is Not To Be Disputed, That The Publisher Of A Newspaper In This Country, Without A Very Exhaustive Advertising Support, Would Receive Less Reward For His Labor Than The Humblest Mechanic.

A Powerful, Victorious Ally Is Yet Another Name For Master.

An Over-scrupulous Jealousy Of Danger To The Rights Of The People, Which Is More Commonly The Fault Of The Head Than Of The Heart, Will Be Represented As Mere Pretense And Artifice, The Stale Bait For Popularity At The Expense Of The Public Good.

The Changes In The Human Condition Are Uncertain And Frequent. Many, On Whom Fortune Has Bestowed Her Favours, May Trace Their Family To A More Unprosperous Station; And Many Who Are Now In Obscurity, May Look Back Upon The Affluence And Exalted Rank Of Their Ancestors.

The Scheme Of Separate Confederacies, Which Will Always Multiply The Chances Of Ambition, Will Be A Never Failing Bait To All Such Influential Characters In The State Administrations As Are Capable Of Preferring Their Own Emolument And Advancement To The Public Weal.

The Inquiry Constantly Is What Will Please, Not What Will Benefit The People. In Such A Government There Can Be Nothing But Temporary Expedient, Fickleness, And Folly.

Let Us Recollect That Peace Or War Will Not Always Be Left To Our Option; That However Moderate Or Unambitious We May Be, We Cannot Count Upon The Moderation, Or Hope To Extinguish The Ambition Of Others.

Good And Wise Men, In All Ages, Have Embraced A Very Dissimilar Theory. They Have Supposed That The Deity, From The Relations We Stand In To Himself And To Each Other, Has Constituted An Eternal And Immutable Law, Which Is Indispensably Obligatory Upon All Mankind, Prior To Any Human Institution Whatever. This Is What Is Called The Law Of Nature....upon This Law Depend The Natural Rights Of Mankind.

This Position Will Not Be Disputed So Long As It Is Admitted That The Desire Of Reward Is One Of The Strongest Incentives Of Human Conduct, Or That The Best Security For The Fidelity Of Mankind Is To Make Their Interest Coincide With Their Duty. Even The Love Of Fame, The Ruling Passion Of The Noblest Minds... Would On The Contrary Deter Him From The Undertaking, When He Foresaw That He Must Quit The Scene Before He Could Accomplish The Work.

Wherever Indeed A Right Of Property Is Infringed For The General Good, If The Nature Of The Case Admits Of Compensation, It Ought To Be Made; But If Compensation Be Impracticable, That Impracticability Ought To Be An Obstacle To A Clearly Essential Reform.

As The Duties Of Superintending The National Defense And Of Securing The Public Peace Against Foreign Or Domestic Violence Involve A Provision For Casualties And Dangers To Which No Possible Limits Can Be Assigned, The Power Of Making That Provision Ought To Know No Other Bounds Than The Exigencies Of The Nation And The Resources Of The Community.

Domestic Violence

The Same Rule That Teaches The Propriety Of A Partition Between The Various Branches Of Power, Teaches Us Likewise That This Partition Ought To Be So Contrived As To Render The One Independent Of The Other.

There Can Be No Profit In The Making Or Selling Of Things To Be Destroyed In War. Men May Think That They Have Such Profit, But In The End The Profit Will Turn Out To Be A Loss.

[t]he Present Constitution Is The Standard To Which We Are To Cling. Under Its Banners, Bona Fide Must We Combat Our Political Foes - Rejecting All Changes But Through The Channel Itself Provides For Amendments.

I Expect We Shall Be Told, That The Militia Of The Country Is Its Natural Bulwark, And Would Be At All Times Equal To The National Defence...the Facts, Which From Our Own Experience Forbid A Reliance Of This Kind, Are Too Recent To Permit Us To Be The Dupes Of Such A Suggestion.

War, Like Most Other Things, Is A Science To Be Acquired And Perfected By Diligence, By Perserverance, By Time, And By Practice.

I Never Expect To See A Perfect Work From An Imperfect Man.

Hitherto My Observations Have Only Aimed At A Vindication Of The Provision In Question, On The Ground Of Theoretic Propriety . . . . But There Remains To Be Mentioned A Positive Advantage . . . I Allude To The Circumstance Of Uniformity In The Time Of Elections For The House Of Representatives. It Is More Than Possible, That This Uniformity May Be Found By Experience To Be Of Great Importance To The Public Welfare; Both As A Security Against The Perpetuation Of The Same Spirit In The Body; And As A Cure For The Diseases Of Faction.

In All Very Numerous Assemblies, Of Whatever Character Composed, Passion Never Fails To Wrest The Sceptre From Reason. Had Every Athenian Citizen Been A Socrates, Every Athenian Assembly Would Still Have Been A Mob.

But Might Not His [the President's] Nomination Be Overruled? I Grant It Might, Yet This Could Only Be To Make Place For Another Nomination By Himself. The Person Ultimately Appointed Must Be Object Of His Preference, Though Perhaps Not In The First Degree. It Is Also Not Very Probable That His Nomination Would Often Be Overruled.

The Experience Of Past Ages May Inform Us, That When The Circumstances Of A People Render Them Distressed, Their Rulers Generally Recur To Severe, Cruel, And Oppressive Measures. Instead Of Endeavoring To Establish Their Authority In The Affection Of Their Subjects, They Think They Have No Security But In Their Fear.

The States Have Authority To Interpret The Constitution, Enforce It, And Protect The People From Violations Of It By The Federal Government In The First Place, There Is Not A Syllable In The Plan Under Consideration Which Directly Empowers The National Courts To Construe The Laws According To The Spirit Of The Constitution, Or Which Gives Them Any Greater Latitude In This Respect Than May Be Claimed By The Courts Of Every State.

The Achaeans Soon Experienced, As Often Happens, That A Victorious And Powerful Ally Is But Another Name For A Master.

A Fondness For Power Is Implanted In Most Men, And It Is Natural To Abuse It When Acquired. This Maxim, Drawn From The Experience Of All Ages, Makes It The Height Of Folly To Intrust Any Set Of Men With Power Which Is Not Under Every Possible Control; Perpetual Strides Are Made After More As Long As There Is Any Part Withheld.

In The General Course Of Human Nature, A Power Over A Man's Subsistence Amounts To A Power Over His Will.

Such A Wife As I Want... Must Be Young, Handsome I Lay Most Stress Upon A Good Shape, Sensible A Little Learning Will Do, Well-bread, Chaste, And Tender. As To Religion, A Moderate Stock Will Satisfy Me. She Must Believe In God And Hate A Saint.

[e]very Act Of A Delegated Authority, Contrary To The Tenor Of The Commission Under Which It Is Exercised, Is Void. No Legislative Act, Therefore, Contrary To The Constitution, Can Be Valid. To Deny This, Would Be To Affirm, That The Deputy Is Greater Than His Principal; That The Servant Is Above His Master; That The Representatives Of The People Are Superior To The People Themselves; That Men Acting By Virtue Of Powers, May Do Not Only What Their Powers Do Not Authorize, But What They Forbid.

It Is Astonishing That So Simple A Truth Should Ever Have Had An Adversary; And It Is One Among A Multitude Of Proofs, How Apt A Spirit Of Ill-informed Jealousy, Or Of Too Great Abstraction And Refinement Is To Lead Men Astray From The Plainest Paths Of Reason And Conviction.

Take Mankind In General, They Are Vicious-their Passions May Be Operated Upon.

The Interpretation Of The Laws Is The Proper And Peculiar Province Of The Courts. A Constitution Is, In Fact, And Must Be Regarded By The Judges, As Fundamental Law. It Therefore Belongs To Them To Ascertain Its Meaning, As Well As The Meaning Of Any Particular Act Proceeding From The Legislative Body. If There Should Happen To Be An Irreconcilable Variance Between The Two, That Which Has The Superior Obligation And Validity Ought, Of Course, To Be Preferred; Or, In Other Words, The Constitution Ought To Be Preferred To The Statute, The Intention Of The People To The Intention Of Their Agents.

Has It Been Found That Bodies Of Men Act With More Rectitude Or Greater Disinterestedness Than Individuals? The Contrary Of This Has Been Inferred By All Accurate Observers Of The Conduct Of Mankind; And The 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 Among A Number Than When It Is To Fall Singly Upon One.

The Only Constitutional Exception To The Power Of Making Treaties Is, That It Shall Not Change The Constitution.… On Natural Principles, A Treaty, Which Should Manifestly Betray Or Sacrifice Primary Interests Of The State, Would Be Null.

There Is No Position Which Depends On Clearer Principles Than That Every Act Of A Delegated Authority, Contrary To The Commission Under Which It Is Exercised, Is Void. No Legislative Act, Therefore, Contrary To The Constitution, Can Be Valid.

A Fondness For Power Is Implanted In Most Men, And It Is Natural To Abuse It When Acquired.

It Is By Far The Safer Course To Lay [considerations Of The Future] Altogether Aside; And To Confine Our Attention Wholly To The Nature And Extent Of The Powers As They Are Delineated In The Constitution. Everything Beyond This, Must Be Left To The Prudence And Firmness Of The People; Who, As They Will Hold The Scales In Their Own Hands, It Is To Be Hoped, Will Always Take Care To Preserve The Constitutional Equilibrium Between The General And State Governments.

It May Safely Be Received As An Axiom In Our Political System, That The State Governments Will In All Possible Contingencies Afford Complete Security Against Invasions Of The Public Liberty By The National Authority.

The Vigour Of Government Is Essential To The Security Of Liberty. . . . A Dangerous Ambition More Often Lurks Behind The Specious Mask Of Zeal For The Rights Of The People, Than Under The Forbidding Appearance Of Zeal For The Firmness And Efficiency Of Government.

A Garden, You Know, Is A Very Usual Refuge Of A Disappointed Politician. Accordingly, I Have Purchased A Few Acres About Nine Miles From Town, Have Built A House, And Am Cultivating A Garden.

Nobody Expects To Trust His Body Overmuch After The Age Of Fifty.

Would They Not Fear That Citizens Not Less Tenacious Than Conscious Of Their Rights Would Flock From The Remotest Extremes Of Their Respective States To The Places Of Election, To Overthrow Their Tyrants, And To Substitute Men Who Would Be Disposed To Avenge The Violated Majesty Of The People?

To Judge From The History Of Mankind, We Shall Be Compelled To Conclude, That The Fiery And Destructive Passions Of War, Reign In The Human Breast, With Much More Powerful Sway, Than The Mild And Beneficent Sentiments Of Peace.

The Attributes Of Sovereignty Are Now Enjoyed By Every State In The Union.

[i]n Framing A Government For A Nation We Ought, In Those Provisions Which Are Designed To Be Permanent, To Calculate Not On Temporary, But On Permanent Causes Of Expence.

Can Any Reasonable Man Be Well Disposed Toward A Government Which Makes War And Carnage The Only Means Of Supporting Itself?

If There Are Such Things As Political Axioms, The Propriety Of The Judicial Power Of A Government Being Co-extensive With Its Legislative, May Be Ranked Among The Number.

I Would Die To Preserve The Law Upon A Solid Foundation; But Take Away Liberty, And The Foundation Is Destroyed.

To Presume A Want Of Motives For Such Contests . . . Would Be To Forget That Men Are Ambitious, Vindictive, And Rapacious.

It Has Been Observed, [that For The Federal Government] To Coerce The States Is One Of The Maddest Projects That Was Ever Devised.

It Is Of The Nature Of War To Increase The Executive At The Expense Of The Legislative Authority.

A Government Ought To Contain In Itself Every Power Requisite To The Full Accomplishment Of The Objects Committed To Its Care, And To The Complete Execution Of The Trusts For Which It Is Responsible, Free From Every Other Control But A Regard To The Public Good And To The Sense Of The People.

Of All The Cares Or Concerns Of Government, The Direction Of War Most Peculiarly Demands Those Qualities Which Distinguish The Exercise Of Power By A Single Hand. The Direction Of War Implies The Direction Of The Common Strength; And The Power Of Directing And Employing The Common Strength, Forms A Usual And Essential Part In The Definition Of The Executive Authority.

As Riches Increase And Accumulate In Few Hands, As Luxury Prevails In Society, Virtue Will Be In A Greater Degree Considered As Only A Graceful Appendage Of Wealth, And The Tendency Of Things Will Be To Depart From The Republican Standard. This Is The Real Disposition Of Human Nature; It Is What Neither The Honorable Member Nor Myself Can Correct. It Is A Common Misfortunate That Awaits Our State Constitution, As Well As All Others.

There Is Perhaps, Nothing More Likely To Disturb The Tranquillity Of Nations, Than Their Being Bound To Mutual Contributions For Any Common Object That Does Not Yield An Equal And Coincident Benefit. For It Is An Observation As True, As It Is Trite, That There Is Nothing Men Differ So Readily About As The Payment Of Money.

By A Steady Adherence To The Union We May Hope, Erelong, To Become The Arbiter Of Europe In America, And To Be Able To Incline The Balance Of European Competitions In This Part Of The World As Our Interest May Dictate.

These Are Not Vague Inferences . . . But They Are Solid Conclusions Drawn From The Natural And Necessary Progress Of Human Affairs.

Here Sir, The People Govern.

Representatives

A National Debt, If It Is Not Excessive, Will Be To Us A National Blessing.

The Truth Is, After All The Declamations We Have Heard, That The Constitution Is Itself, In Every Rational Sense, And To Every Useful Purpose, A Bill Of Rights.

There Was A Time When We Were Told . . . That A Sense Of Common Interest Would Preside Over The Conduct Of The Respective Members...this Language At The Present Day Would Appear As Wild As That Great Part Of What We Now Hear From The Same Quarter Will Be Thought, When We Shall Have Received Further Lessons From That Best Oracle Of Wisdom, Experience.

Wisdom Experience

It Is Far More Rational To Suppose That The Courts Were Designed To Be An Intermediate Body Between The People And The Legislature, In Order, Among Other Things, To Keep The Latter Within The Limits Assigned To Their Authority.

Let Experience, The Least Fallible Guide Of Human Opinion, Be Appealed To For An Answer To These Inquiries.

There Can Be No Time, No State Of Things, In Which Credit Is Not Essential To A Nation.

There Are Respectable Individuals, Who From A Just Aversion To An Accumulation Of Public Debt, Are Unwilling To Concede To It Any Kind Of Utility, Who Can Discern No Good To Alleviate The Ill With Which They Suppose It Pregnant; Who Cannot Be Persuaded That It Ought In Any Sense To Be Viewed As An Increase Of Capital Lest It Should Be Inferred, That The More Debt The More Capital, The Greater The Burthens The Greater The Blessings Of The Community.

Give All The Power To The Many, They Will Oppress The Few. Give All The Power To The Few, They Will Oppress The Many.

It Is A Singular Capriciousness Of The Human Mind, That After All The Admonitions We Have Had From Experience On This Head, There Should Still Be Found Men, Who Object To The New Constitution For Deviating From A Principle Which Has Been Found The Bane Of The Old.

While The Constitution Continues To Be Read, And Its Principles Known, The States, Must, By Every Rational Man, Be Considered As Essential Component Parts Of The Union; And Therefore The Idea Of Sacrificing The Former To The Latter Is Totally Inadmissible.

Those Who Do Not Industrialize Become Hewers Of Wood And Hawkers Of Water

It May Be Laid Down As A General Rule, That Their Confidence In And Obedience To A Government, Will Be Commonly Proportioned To The Goodness Or Badness Of Its Administration . . . . Various Reasons Have Been Suggested In The Course Of These Papers, To Induce A Probability That The General Government Will Be Better Administered Than The Particular Governments.

The Great Leading Objects Of The Federal Government, In Which Revenue Is Concerned, Are To Maintain Domestic Peace, And Provide For The Common Defense.

To Look For A Continuation In Harmony Between A Number Of Independent Unconnected Sovereignties, Situated In The Same Neighborhood, Would Be To Disregard The Uniform Course Of Human Events, And To Set At Defiance The Accumulated Experience Of Ages.

The True Principle Of Government Is This - Make The System Compleat In Its Structure; Give A Perfect Proportion And Balance To Its Parts; And The Powers You Give It Will Never Affect Your Security.

Were It Not That It Might Require Too Long A Discussion, It Would Not Be Difficult To Demonstrate That A Large And Well-organized Republic Can Scarcely Lose Its Liberty From Any Other Cause Than That Of Anarchy, To Which A Contempt Of The Laws Is The High-road.

The Praise Of A Civilized World Is Justly Due To Christianity;—war, By The Influence Of The Humane Principles Of That Religion, Has Been Stripped Of Half Its Horrors. The French Renounce Christianity, And They Relapse Into Barbarism;—war Resumes The Same Hideous And Savage Form Which It Wore In The Ages Of Gothic And Roman Violence.

I Confess I Am At A Loss To Discover What Temptation The Persons Entrusted With The Administration Of The General Government Could Ever Feel To Divest The States Of The Authorities Of That Description. The Regulation Of The Mere Domestic Police Of A State Appears To Me To Hold Out Slender Allurements To Ambition.

The True Principle Of A Republic Is That The People Should Choose Whom They Please To Govern Them. Representation Is Imperfect, In Proportion As The Current Of Popular Favor Is Checked. The Great Source Of Free Government, Popular Election, Should Be Perfectly Pure, And The Most Unbounded Liberty Allowed.

The Institution Of Delegated Power Implies That There Is A Portion Of Virtue And Honor Among Mankind Which May Be A Reasonable Foundation Of Confidence.

A Share In The Sovereignty Of The State, Which Is Exercised By The Citizens At Large, In Voting At Elections Is One Of The Most Important Rights Of The Subject, And In A Republic Ought To Stand Foremost In The Estimation Of The Law...that Portion Of The Sovereignty, To Which Each Individual Is Entitled, Can Never Be Too Highly Prized. It Is That For Which We Have Fought And Bled.

No Person That Has Enjoyed The Sweets Of Liberty Can Be Insensible Of Its Infinite Value, Or Can Reflect On Its Reverse Without Horror And Detestation

...that Standing Army Can Never Be Formidable (threatening) To The Liberties Of The People, While There Is A Large Body Of Citizens, Little If At All Inferior To Them In The Use Of Arms.

Government Implies The Power Of Making Laws. It Is Essential To The Idea Of A Law, That It Be Attended With A Sanction; Or, In Other Words, A Penalty Or Punishment For Disobedience.

Man Is A Reasoning Rather Than A Reasonable Animal.

A Well Adjusted Person Is One Who Makes The Same Mistake Twice Without Getting Nervous.

The People Alone Have An Incontestable, Unalienable, And Indefeasible Right To Institute Government And To Reform, Alter, Or Totally Change The Same When Their Protection, Safety, Prosperity, And Happiness Require It.

The Legislatures Will Have Better Means Of Information. They Can Discover The Danger At A Distance; And Possessing All The Organs Of Civil Power, And The Confidence Of The People, They Can At Once Adopt A Regular Plan Of Opposition, In Which They Can Combine All The Resources Of The Community. They Can Readily Communicate With Each Other In The Different States, And Unite Their Common Forces For The Protection Of Their Common Liberty.

It Has Been Observed That A Pure Democracy If It Were Practicable Would Be The Most Perfect Government. Experience Has Proved That No Position Is More False Than This. The Ancient Democracies In Which The People Themselves Deliberated Never Possessed One Good Feature Of Government. Their Very Character Was Tyranny; Their Figure Deformity.

Democracies Have

The Practice Of Arbitrary Imprisonments Have Been, In All Ages, The Favorite And Most Formidable Instruments Of Tyranny.

Credit Supposes Specific And Permanent Funds For The Punctual Payment Of Interest, With A Moral Certainty Of A Final Redemption Of The Principal.

The Regular Distribution Of Power Into Distinct Departments; The Introduction Of Legislative Balances And Checks; The Institution Of Courts Composed Of Judges Holding Their Offices During Good Behavior; The Representation Of The People In The Legislature By Deputies Of Their Own Election . . . They Are Means, And Powerful Means, By Which The Excellences Of Republican Government May Be Retained And Its Imperfections Lessened Or Avoided.

Distribution Of Power

If We Are In Earnest About Giving The Union Energy And Duration We Must Abandon The Vain Project Of Legislating Upon The States In Their Collective Capacities.

Those Who Have A Tolerable Knowledge Of Human Nature Will Not Stand In Need Of Such Lights.

If It Were To Be Asked, What Is The Most Sacred Duty And The Greatest Source Of Our Security In A Republic? The Answer Would Be, An Inviolable Respect For The Constitution And Laws - The First Growing Out Of The Last . . . . A Sacred Respect For The Constitutional Law Is The Vital Principle, The Sustaining Energy Of A Free Government.

Men Are Rather Reasoning Than Reasonable Animals For The Most Part Governed By The Impulse Of Passion. This Is A Truth Well Understood By Our Adversaries Who Have Practised Upon It With No Small Benefit To Their Cause. For At The Very Moment They Are Eulogizing The Reason Of Men & Professing To Appeal Only To That Faculty, They Are Courting The Strongest & Most Active Passion Of The Human Heart - Vanity!

And It Proves, In The Last Place, That Liberty Can Have Nothing To Fear From The Judiciary Alone, But Would Have Everything To Fear From Its Union With Either Of The Other Departments.

Executive Power

It Is In Vain To Hope To Guard Against Events Too Mighty For Human Foresight Or Precaution, And It Would Be Idle To Object To A Government Because It Could Not Perform Impossibilities.

The Local Interest Of A State Ought In Every Case To Give Way To The Interests Of The Union. For When A Sacrifice Of One Or The Other Is Necessary, The Former Becomes Only An Apparent, Partial Interest, And Should Yield, On The Principle That The Smaller Good Ought Never To Oppose The Greater Good.

It Is A Well-known Fact That In Countries In Which The National Debt Is Properly Funded, And An Object Of Established Confidence, It Answers Most Of The Purposes Of Money. Transfers Of Stock, Or Public Debt, Are There Equivalent To Payments In Specie; Or, In Other Words, Stock, In The Principal Transactions Of Business, Passes Current As Specie. The Same Thing Would, In All Probability, Happen Here, Under The Like Circumstances.

Americans Rouse - Be Unanimous, Be Virtuous, Be Firm, Exert Your Courage, Trust In Heaven, And Nobly Defy The Enemies Both Of God And Man!

It Is Impossible To Read The History Of The Petty Republics Of Greece And Italy Without Feeling Sensations Of Horror And Disgust At The Distractions With Which They Were Continually Agitated, And At The Rapid Succession Of Revolutions By Which They Were Kept In A State Of Perpetual Vibration Between The Extremes Of Tyranny And Anarchy . . . Great Improvement . . . Were Either Not Known At All, Or Imperfectly Known To The Ancients.

The President Is To Be Commander-in-chief Of The Army And Navy Of The United States. In This Respect His Authority Would Be Nominally The Same With That Of The King Of Great Britain, But In Substance Much Inferior To It. It Would Amount To Nothing More Than The Supreme Command And Direction Of The Land And Naval Forces, As First General And Admiral ... While That Of The British King Extends To The Declaring Of War And To The Raising And Regulating Of Fleets And Armies - All Which, By The Constitution Under Consideration, Would Appertain To The Legislature.

[imeachable Conduct Is] Misconduct By Public Men, Or, In Other Words, From The Abuse Or Violation Of Some Public Trust.

By Multiplying The Means Of Gratification, By Promoting The Introduction And Circulation Of The Precious Metals, Those Darling Objects Of Human Avarice And Enterprise, It Serves To Vivify And Invigorate The Channels Of Industry, And To Make Them Flow With Greater Activity And Copiousness. The Assiduous Merchant, The Laborious Husbandman, The Active Mechanic, And The Industrious Manufacturer,-all Orders Of Men, Look Forward With Eager Expectation And Growing Alacrity To This Pleasing Reward Of Their Toils.

This [a State Militia System] Appears To Me The Only Substitute That Can Be Devised For A Standing Army, And The Best Possible Security Against It, If It Should Exist.

Second Amendment

Right To Bear Arms

As To Taxes, They Are Evidently Inseparable From Government. It Is Impossible Without Them To Pay The Debts Of The Nation, To Protect It From Foreign Danger, Or To Secure Individuals From Lawless Violence And Rapine.

The Complete Independence Of The Courts Of Justice Is Peculiarly Essential In A Limited Constitution. By A Limited Constitution, I Understand One Which Contains Certain Specified Exceptions To The Legislative Authority. Limitations Of This Kind Can Be Preserved In Practice No Other Way Than Through The Medium Of Courts Of Justice, Whose Duty It Must Be To Declare All Acts Contrary To The Manifest Tenor Of The Constitution Void. Without This, All The Reservations Of Particular Rights Or Privileges Would Amount To Nothing.

Common Interest May Always Be Reckoned Upon As The Surest Bond Of Sympathy.

Tyranny Has Perhaps Oftener Grown Out Of The Assumptions Of Power, Called For, On Pressing Exigencies, By A Defective Constitution, Than Out Of The Full Exercise Of The Largest Constitutional Authorities.

How Can You Trust People Who Are Poor And Own No Property? ... Inequality Of Property Will Exist As Long As Liberty Exists.

A Struggle For Liberty Is In Itself Respectable And Glorious. . . . When Conducted With Magnanimity, Justice And Humanity, It Ought To Command The Admiration Of Every Friend To Human Nature. But If Sullied By Crimes And Extravagancies, It Loses Its Respectability.

States, Like Individuals, Who Observe Their Engagements, Are Respected And Trusted: While The Reverse Is The Fate Of Those Who Pursue An Opposite Conduct.

When Occasions Present Themselves, In Which The Interests Of The People Are At Variance With Their Inclinations, It Is The Duty Of The Persons Whom They Have Appointed To Be The Guardians Of Those Interests, To Withstand The Temporary Delusion, In Order To Give Them Time And Opportunity For More Cool And Sedate Reflection.

The Loss Of Liberty To A Generous Mind Is Worse Than Death.

In The Usual Progress Of Things, The Necessities Of A Nation In Every Stage Of Its Existence Will Be Found At Least Equal To Its Resources.

Men Are Rather Reasoning Than Reasonable Animals For The Most Part Governed By The Impulse Of Passion.

The Multitude . . . Have Not A Sufficient Stock Of Reason And Knowledge To Guide Them. . . . It Is Not Safe To Trust To The Virtue Of Any People.

I Trust That The Proposed Constitution Afford A Genuine Specimen Of Representative Government And Republican Government; And That It Will Answer, In An Eminent Degree, All The Beneficial Purposes Of Society.

Wise Politicians Will Be Cautious About Fettering The Government With Restrictions That Cannot Be Observed, Because They Know That Every Break Of The Fundamental Laws, Though Dictated By Necessity, Impairs That Sacred Reverence Which Ought To Be Maintained In The Breast Of Rulers Towards The Constitution Of A Country.

Civil Liberty Is Only Natural Liberty, Modified And Secured By The Sanctions Of Civil Society.

The Superiority...enjoyed By Nations That Have...perfected A Branch Of Industry, Constitutes A...formidable Obstacle.

To Cherish And Stimulate The Activity Of The Human Mind, By Multiplying The Objects Of Enterprise, Is Not Among The Least Considerable Of The Expedients, By Which The Wealth Of A Nation May Be Promoted. Even Things In Themselves Not Positively Advantageous, Sometimes Become So, By Their Tendency To Provoke Exertion. Every New Scene, Which Is Opened To The Busy Nature Of Man To Rouse And Exert Itself, Is The Addition Of A New Energy To The General Stock Of Effort.

The Genius Of The People Will Ill Brook The Inquisitive And Peremptory Spirit Of Excise Laws.

Constitutions Should Consist Only Of General Provisions; The Reason Is That They Must Necessarily Be Permanent, And That They Cannot Calculate For The Possible Change Of Things.

Constitution Of The United States

The Obscurity Is Much Oftener In The Passions And Prejudices Of The Reasoner Than In The Subject.

As You Sometimes Swear By Him That Made You, I Conclude Your Sentiments Do Not Correspond With His, In That Which Is The Basis Of The Doctrine You Both Agree In: And This Makes It Impossible To Imagine Whence This Congruity Between You Arises. "to Grant That There Is A Supreme Intelligence Who Rules The World And Has Established Laws To Regulate The Actions Of His Creatures; And Still To Assert That Man, In A State Of Nature, May Be Considered As Perfectly Free From All Restraints Of Law And Government, Appears To A Common Understanding Altogether Irreconcilable.

It's Not Tyranny We Desire; It's A Just, Limited, Federal Government.

The Love For Our Native Land Strengthens Our Individual And National Character.

It Is Just Observation That The People Commonly Intend The Public Good.

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