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It Is Very Certain That [the Commerce Clause] Grew Out Of The Abuse Of The Power By The Importing States In Taxing The Non-importing, And Was Intended As A Negative And Preventive Provision Against Injustice Among The States Themselves, Rather Than As A Power To Be Used For The Positive Purposes Of The General Government.

-James Madison

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It Is Very Certain

James Madison

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It Is Very Certain That [the Commerce Clause] Grew Out Of The Abuse Of The Power By The Importing States In Taxing The Non-importing, And Was Intended As A Negative And Preventive Provision Against Injustice Among The States Themselves, Rather Than As A Power To Be Used For The Positive Purposes Of The General Government.

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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.

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.

By A Faction, I Understand A Number Of Citizens, Whether Amounting To A Majority Or A Minority Of The Whole, Who Are United And Actuated By Some Common Impulse Of Passion, Or Of Interest... The Latent Causes Of Faction Are Sown In The Nature Of Man.

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

That This Liberty [of The Press] Is Often Carried To Excess; That It Has Sometimes Degenerated Into Licentiousness, Is Seen And Lamented, But The Remedy Has Not Yet Been Discovered. Perhaps It Is An Evil Inseparable From The Good With Which It Is Allied; Perhaps It Is A Shoot Which Cannot Be Stripped From The Stalk Without Wounding Vitally The Plant From Which It Is Torn. However Desirable Those Measures Might Be Which Might Correct Without Enslaving The Press, They Have Never Yet Been Devised In America.

It Is To The Press Mankind Are Indebted For Having Dispelled The Clouds Which So Long Encompassed Religion, For Disclosing Her Genuine Lustre, And Disseminating Her Salutary Doctrines.

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.

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

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

The Most That The Convention Could Do In Such A Situation, Was To Avoid The Errors Suggested By The Past Experience Of Other Countries, As Well As Of Our Own; And To Provide A Convenient Mode Of Rectifying Their Own Errors, As Future Experience May Unfold Them.

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

Conscience Is The Most Sacred Of All Property.

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

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

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

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

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.

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

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

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

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

Constitutional Convention

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

It Is Due To Justice; Due To Humanity; Due To Truth; Due To The Sympathies Of Our Nature; In Fine, To Our Character As A People, Both Abroad And At Home, That They Should Be Considered, As Much As Possible, In The Light Of Human Beings, And Not As Mere Property. As Such, They Are Acted On By Our Laws, And Have An Interest In Our Laws. They May Be Considered As Making A Part, Though A Degraded Part, Of The Families To Which They Belong.

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

An Oath-the Strongest Of Religious Ties.

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

We Maintain Therefore That In Matters Of Religion, No Man's Right Is Abridged By The Institution Of Civil Society, And That Religion Is Wholly Exempt From Its Cognizance.

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.

Religious Bondage Shackles And Debilitates The Mind And Unfits It For Every Noble Enterprise, Every Expanded Prospect.

Secular Society

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

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

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

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.

Each State, In Ratifying The Constitution, Is Considered As A Sovereign Body, Independent Of All Others, And Only To Be Bound By Its Own Voluntary Act. In This Relation, Then, The New Constitution Will, If Established, Be A Federal, And Not A National Constitution.

The Apportionment Of Taxes On The Various Descriptions Of Property Is An Act Which Seems To Require The Most Exact Impartiality; Yet There Is, Perhaps, No Legislative Act In Which Greater Opportunity And Temptation Are Given To A Predominant Party To Trample On The Rules Of Justice. Every Shilling Which They Overburden The Inferior Number Is A Shilling Saved To Their Own Pockets.

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.

In Civilized Communities, Property As Well As Personal Rights Is An Essential Object Of The Laws, Which Encourage Industry By Securing The Enjoyment Of Its Fruits; That Industry From Which Property Results, And That Enjoyment Which Consists Not Merely In Its Immediate Use, But In Its Posthumous Destination To Objects Of Choice, And Of Kindred Affection. In A Just And Free Government, Therefore, The Rights Both Of Property And Of Persons Ought To Be Effectually Guarded.

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. Theoretic Politicians, Who Have Patronized This Species Of Government, Have Erroneously Supposed That By Reducing Mankind To A Perfect Equality In Their Political Rights, They Would, At The Same Time, Be Perfectly Equalized And Assimilated In Their Possessions, Their Opinions, And Their Passions.

Democracies Have

When Indeed Religion Is Kindled Into Enthusiasm, Its Force Like That Of Other Passions Is Increased By The Sympathy Of A Multitude. But Enthusiasm Is Only A Temporary State Of Religion, And Whilst It Lasts Will Hardly Be Seen With Pleasure At The Helm. Even In Its Coolest State, It Has Been Much Oftener A Motive To Oppression Than A Restraint From It.

What Becomes Of The Surplus Of Human Life? It Is Either, 1st. Destroyed By Infanticide, As Among The Chinese And Lacedemonians; Or 2d. It Is Stifled Or Starved, As Among Other Nations Whose Population Is Commensurate To Its Food; Or 3d. It Is Consumed By Wars And Endemic Diseases; Or 4th. It Overflows, By Emigration, To Places Where A Surplus Of Food Is Attainable.

Besides The Advantage Of Being Armed, Which The Americans Possess Over The People Of Almost Every Other Nation.... Notwithstanding The Military Establishments In The Several Kingdoms Of Europe, Which Are Carried As Far As The Public Resources Will Bear, The Governments Are Afraid To Trust The People With Arms.

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

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.

[t]he Powers Granted By The Proposed Constitution Are The Gift Of The People, And May Be Resumed By Them When Perverted To Their Oppression, And Every Power Not Granted Thereby Remains With The People.

No Man Is Allowed To Be A Judge In His Own Cause; Because His Interest Would Certainly Bias His Judgment, And, Not Improbably, Corrupt His Integrity. With Equal, Nay With Greater Reason, A Body Of Men Are Unfit To Be Both Judges And Parties At The Same Time.

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

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.

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

Armies, And Debts, And Taxes Are The Known Instruments For Bringing The Many Under The Domination Of The Few.

It Becomes All Therefore Who Are Friends Of A Government Based On Free Principles To Reflect, That By Denying The Possibility Of A System Partly Federal And Partly Consolidated, And Who Would Convert Ours Into One Either Wholly Federal Or Wholly Consolidated, In Neither Of Which Forms Have Individual Rights, Public Order, And External Safety, Been All Duly Maintained, They Aim A Deadly Blow At The Last Hope Of True Liberty On The Face Of The Earth.

Those Who Proposed The Constitution Knew, And Those Who Ratified The Constitution Also Knew That This Is...a Limited Government Tied Down To Specified Powers....it Was Never Supposed Or Suspected That The Old Congress Could Give Away The Money Of The States To Encourage Agriculture Or For Any Other Purpose They Pleased.

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

I Wish Not To Be Regarded As An Advocate For The Particular Organizations Of The Several State Governments . . . They Carry Strong Marks Of The Haste, And Still Stronger Marks Of The Inexperience, Under Which They Were Framed.

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

If We Advert To The Nature Of Republican Government, We Shall Find That The Censorial Power Is In The People Over The Government, And Not In The Government Over The People.

A Watchful Eye Must Be Kept On Ourselves Lest While We Are Building Ideal Monuments Of Renown And Bliss Here We Neglect To Have Our Names Enrolled In The Annals Of Heaven.

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.

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.

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.

The President Is Responsible To The Public For The Conduct Of The Person He Has Nominated And Appointed.

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

In Proportion To The Value Of This Revolution; In Proportion To The Importance Of Instruments, Every Word Of Which Decides A Question Between Power And Liberty; In Proportion To The Solemnity Of Acts, Proclaiming The Will Authenticated By The Seal Of The People, The Only Earthly Source Of Authority, Ought To Be The Vigilance With Which They Are Guarded By Every Citizen In Private Life, And The Circumspection With Which They Are Executed By Every Citizen In Public Trust.

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.

The Purpose Of Separation Of Church And State Is To Keep Forever From These Shores The Ceaseless Strife That Has Soaked The Soil Of Europe With Blood For Centuries.

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

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

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

I Have Received Your Letter Of The 6th, With The Eloquent Discourse Delivered At The Consecration Of The Jewish Synagogue. Having Ever Regarded The Freedom Of Religious Opinions And Worship As Equally Belonging To Every Sect, And The Secure Enjoyment Of It As The Best Human Provision For Bringing All Either Into The Same Way Of Thinking, Or Into That Mutual Charity Which Is The Only Substitute, I Observe With Pleasure The View You Give Of The Spirit In Which Your Sect Partake Of The Blessings Offered By Our Government And Laws.

I Consider The Difference Between A System Founded On The Legislatures Only, And One Founded On The People, To Be The True Difference Between A League Or Treaty And A Constitution.

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.

The Legislative Department Is Everywhere Extending The Sphere Of Its Activity And Drawing All Power Into Its Impetuous Vortex.

Philosophy Is Common Sense With Big Words.

Religion Flourishes In Greater Purity, Without Than With The Aid Of Government.

[religious Liberty Was] In Its Nature An Inalienable Right ... Because The Opinions Of Men, Depending Only Upon The Evidence Contemplated By Their Minds, Cannot Follow The Dictates Of Other Men.

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.

The People Shall Not Be Restrained From Peacefully Assembling And Consulting For Their Common Good, Nor From Applying To The Legislature By Petitions, Or Remonstrances For Redress Of Their Grievances.

Freedom Of Speech

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

The Circulation Of Confidence Is Better Than The Circulation Of Money.

What Is The Structure Of Government That Will Best Guard Against The Precipitate Counsels And Factious Combinations For Unjust Purposes, Without A Sacrifice Of The Fundamental Principle Of Republicanism?

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.

As Compacts, Charters Of Government Are Superior In Obligation To All Others, Because They Give Effect To All Others. As Truths, None Can Be More Sacred, Because They Are Bound, On The Conscience By The Religious Sanctions Of An Oath. As Metes And Bounds Of Government, They Transcend All Other Land-marks, Because Every Public Usurpation Is An Encroachment On The Private Right, Not Of One, But Of All.

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

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.

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 Free Country Has Ever Been Without Parties, Which Are A Natural Offspring Of Freedom.

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

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

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

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.

All That Seems Indispensible In Stating The Account Between The Dead And The Living, Is To See That The Debts Against The Latter Do Not Exceed The Advances Made By The Former.

The Necessity Of A Senate Is Not Less Indicated By The Propensity Of All Single And Numerous Assemblies, To Yield To The Impulse Of Sudden And Violent Passions, And To Be Seduced By Factious Leaders, Into Intemperate And Pernicious Resolutions.

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

A Public Debt Is A Public Curse.

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

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

[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.

The Civil Government, Though Bereft Of Every Thing Like An Associated Hierarchy, Possesses The Requisite Stability, And Performs Its Functions With Complete Success; Whilst The Number, The Industry, And The Morality Of The Priesthood, And The Devotion Of The People, Have Been Manifestly Increased By The Total Separation Of The Church From The State.

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

In Europe, Charters Of Liberty Have Been Granted By Power. America Has Set The Example . . . Of Charters Of Power Granted By Liberty. This Revolution In The Practice Of The World, May, With An Honest Praise, Be Pronounced The Most Triumphant Epoch Of Its History, And The Most Consoling Presage Of Its Happiness.

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.

If Men Were Angels, There Would Be No Need Of Government.

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.

It Has Been Said That All Government Is An Evil. It Would Be More Proper To Say That The Necessity Of Any Government Is A Misfortune. This Necessity However Exists; And The Problem To Be Solved Is, Not What Form Of Government Is Perfect, But Which Of The Forms Is Least Imperfect.

A Standing Army Is One Of The Greatest Mischief That Can Possibly Happen.

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.

Strongly Guarded As Is The Separation Between Religion And Government In The Constitution Of The United States, The Danger Of Encroachment By Ecclesiastical Bodies May Be Illustrated By Precedents Already Furnished In Their Short History.

A Universal Peace, It Is To Be Feared, Is In The Catalogue Of Events, Which Will Never Exist But In The Imaginations Of Visionary Philosophers, Or In The Breasts Of Benevolent Enthusiasts.

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

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

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

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

The Most Productive System Of Finance Will Always Be The Least Burdensome.

It Is Vain To Say That Enlightened Statesmen Will Always Be Able To Adjust Their Interests. Enlightened Men Will Not Always Be At The Helm.

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.

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.

It Degrades From The Equal Rank Of Citizens All Those Whose Opinions In Religion Do Not Bend To Those Of The Legislative Authority. Distant As It May Be In Its Present Form From The Inquisition, It Differs From It Only In Degree.

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

Oppressors Can Tyrannize Only When They Achieve A Standing Army, An Enslaved Press, And A Disarmed Populace.

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

[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.

Despotism Can Only Exist In Darkness.

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.

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

The Proposed Constitution, Therefore, Even When Tested By The Rules Laid Down By Its Antagonists, Is, In Strictness, Neither A National Nor A Federal Constitution; But A Composition Of Both. In Its Foundation It Is Federal, Not National; In The Sources From Which The Ordinary Powers Of The Government Are Drawn, It Is Partly Federal, And Partly National; In The Operation Of These Powers, It Is National, Not Federal; In The Extent Of Them Again, It Is Federal, Not National; And Finally, In The Authoritative Mode Of Introducing Amendments, It Is Neither Wholly Federal, Nor Wholly National.

A President Is Impeachable If He Attempts To Subvert The Constitution.

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

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

Some Degree Of Abuse Is Inseparable From The Proper Use Of Everything.

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.

In Order To Judge Of The Form To Be Given To This Institution The Senate, It Will Be Proper To Take A View Of The Ends To Be Served By It. These Were,first, To Protect The People Against Their Rulers, Secondly, To Protect The People Against The Transient Impressions Into Which They Themselves Might Be Led.

A Bad Cause Seldom Fails To Betray Itself.

The Happy Union Of These States Is A Wonder; Their Constitution A Miracle; Their Example The Hope Of Liberty Throughout The World.

The Express Authority Of The People Alone Could Give Validity To The Constitution.

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

It Is Certain That Every Class Is Interested In [educational] Establishments Which Give To The Human Mind Its Highest Improvements, And To Every Country Its Truest And Most Durable Celebrity.

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.

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

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

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

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

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?

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

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.

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.

A Just Government Has No Need For The Clergy Or The Church.

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

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.

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

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

Democracies Have

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.

A Well-instructed People Alone Can Be Permanently A Free People.

Democracies Have Been Found Incompatible With Personal Security Or The Rights Of Property; And In General Been As Short In Their Lives As They Have Been Violent In Their Death.

Democracies Have

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

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

The Smaller The Number And The More Permanent And Conspicuous The Station Of Men In Power, The Stronger Must Be The Interest Which They Will Individually Feel In Whatever Concerns The Government.

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

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.

Of All The Objections Which Have Been Framed Against The Federal Constitution, This Is Perhaps The Most Extraordinary. Whilst The Objection Itself Is Levelled Against A Pretended Oligarchy, The Principle Of It Strikes At The Very Root Of Republican Government.

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

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

...freedom Arises From The Multiplicity Of Sects, Which Prevades America And Which Is The Best And Only Security For Religious Liberty In Any Society. For Where There Is Such A Variety Of Sects, There Cannot Be A Majority Of Any One Sect To Oppress And Persecute The Rest.

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.

May It Not Be Asked Of Every Intelligent Friend To The Liberties Of His Country, Whether The Power Exercised In Such An Act As This Ought Not To Produce Great And Universal Alarm? Whether A Rigid Execution Of Such An Act, In Time Past, Would Not Have Repressed That Information And Communication Among The People Which Is Indispensable To The Just Exercise Of Their Electoral Rights? And Whether Such An Act, If Made Perpetual, And Enforced With Rigor, Would Not, In Time To Come, Either Destroy Our Free System Of Government, Or Prepare A Convulsion That Might Prove Equally Fatal To It?

Union Of Religious Sentiments Begets A Surprising Confidence, And Ecclesiastical Establishments Tend To Great Ignorance And Corruption; All Of Which Facilitate The Execution Of Mischievous Projects.

No Man Is Allowed To Be A Judge In His Own Cause, Because His Interest Would Certainly Bias His Judgment.

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.

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

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

The People Of The U.s. Owe Their Independence & Their Liberty, To The Wisdom Of Descrying In The Minute Tax Of 3 Pence On Tea, The Magnitude Of The Evil Comprized In The Precedent. Let Them Exert The Same Wisdom, In Watching Agst Every Evil Lurking Under Plausible Disguises, And Growing Up From Small Beginnings.

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.

[christianity] Existed And Flourishes, Not Only Without The Support Of Human Laws, But In Spite Of Every Opposition From Them.

I Should Not Regret A Fair And Full Trial Of The Entire Abolition Of Capital Punishment.

The Strongest Passions And Most Dangerous Weaknesses Of The Human Breast; Ambition, Avarice, Vanity, The Honorable Or Venal Love Of Fame, Are All In Conspiracy Against The Desire And Duty Of Peace.

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.

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

Government Lies

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

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

A Republic, By Which I Mean A Government In Which The Scheme Of Representation Takes Place, Opens A Different Prospect And Promises The Cure For Which We Are Seeking.

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

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

Congress Shall Make No Law Respecting An Establishment Of Religion, Or Prohibiting The Free Exercise Thereof.

Secular Society

In A Free Government The Security For Civil Rights Must Be The Same As That For Religious Rights.

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

War Contains So Much Folly, As Well As Wickedness, That Much Is To Be Hoped From The Progress Of Reason.

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.

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

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

Whilst We Assert For Ourselves A Freedom To Embrace, To Profess And Observe The Religion Which We Believe To Be Of Divine Origin, We Cannot Deny Equal Freedom To Those Whose Minds Have Not Yet Yielded To The Evidence Which Has Convinced Us. If This Freedom Be Abused, It Is An Offense Against God, Not Against Man:to God, Therefore, Not To Man, Must An Account Of It Be Rendered.

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

Should Ardent Spirits Be Everywhere Banished From The List Of Drinks, It Will Be A Revolution Not The Least Remarkable In This Revolutionary Age, And Our Country Will Have Its Full Share In That As In Other Merits.

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

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.

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.

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. They Are More: They Are The Best Basis Of Public Liberty, And The Strongest Bulwark Of Public Safety. It Follows, That The Greater The Proportion Of This Class To The Whole Society, The More Free, The More Independent, And The More Happy Must Be The Society Itself.

An Efficient Militia Is Authorized And Contemplated By The Constitution And Required By The Spirit And Safety Of Free Government.

Second Amendment

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

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.

Nothing Has Yet Been Offered To Invalidate The Doctrine That The Meaning Of The Constitution May As Well Be Ascertained By The Legislative As By The Judicial Authority.

As The People Are The Only Legitimate Fountain Of Power, And It Is From Them That The Constitutional Charter, Under Which The Several Branches Of Government Hold Their Power, Is Derived, It Seems Strictly Consonant To The Republican Theory, To Recur To The Same Original Authority, Not Only Whenever It May Be Necessary To Enlarge, Diminish, Or New-model The Powers Of The Government, But Also Whenever Any One Of The Departments May Commit Encroachments On The Chartered Authorities Of The Others.

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