Background Image

...

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

-James Madison

...

Please Wait....
Translating....

The Constitution Proposed By

James Madison

...

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

Views: 6

Topic

More From James Madison

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

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

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

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

Liberty And Order Will Never Be Perfectly Safe Until A Trespass On The Constitution Provisions For Either, Shall Be Felt With The Same Keenness That Resents And Invasion Of The Dearest Rights.

Second Amendment

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

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

Enlightened Statesmen Will Not Always Be At The Helm.

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

A Local Spirit Will Infallibly Prevail Much More In The Members Of Congress Than A National Spirit Will Prevail In The Legislatures Of The Particular States.

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

The Regulation Of These Various And Interfering Interests Forms The Principal Task Of Modern Legislation And Involves The Spirit Of Party And Faction In The Necessary And Ordinary Operations Of Government.

... Large And Permanent Military Establishments ... Are Forbidden By The Principles Of Free Government, And Against The Necessity Of Which The Militia Were Meant To Be A Constitutional Bulwark.

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

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

[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.

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

Every Man Who Loves Peace, Every Man Who Loves His Country, Every Man Who Loves Liberty Ought To Have It Ever Before His Eyes That He May Cherish In His Heart A Due Attachment To The Union Of America And Be Able To Set A Due Value On The Means Of Preserving It.

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.

When Men Exercise Their Reason Coolly And Freely, On A Variety Of Distinct Questions, They Inevitably Fall Into Different Opinions, On Some Of Them. When They Are Governed By A Common Passion, Their Opinions If They Are So To Be Called, Will Be The Same.

[a] Mere Demarcation On Parchment Of The Constitutional Limits Of The Several Departments Is Not A Sufficient Guard Against Those Encroachments Which Lead To A Tyrannical Concentration Of All The Powers Of Government In The Same Hands.

The Public Affairs Of The Union Are Spread Throughout A Very Extensive Region, And Are Extremely Diversified By The Local Affairs Connected With Them, And Can With Difficulty Be Learnt In Any Other Place, Than In The Central Councils, To Which A Knowledge Of Them Will Be Brought By The Representatives Of Every Part Of The Empire. Yet Some Knowledge Of The Affairs, And Even Of The Laws Of All The States, Ought To Be Possessed By The Members From Each Of The States.

Democracy Is The Most Vile Form Of Government.

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.

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

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.

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

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.

That The Foundation Of Our National Policy Should Be Laid In Private Morality. If Individuals Be Not Influenced By Moral Principles, It Is In Vain To Look For Public Virtue; It Is, Therefore, The Duty Of Legislators To Enforce, Both By Precept And Example, The Utility, As Well As The Necessity, Of A Strict Adherence To The Rules Of Distributive Justice.

Knowledge Will Forever Govern Ignorance.

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?

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.

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

Complaints Are Everywhere Heard From Our Most Considerate And Virtuous Citizens, Equally The Friends Of Public And Private Faith, And Of Public And Personal Liberty, That Our Governments Are Too Unstable, That The Public Good Is Disregarded In The Conflicts Of Rival Parties, And That 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.

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

America Was Indebted To Immigration For Her Settlement And Prosperity. That Part Of America Which Had Encouraged Them Most Had Advanced Most Rapidly In Population, Agriculture And The Arts.

If Justice, Good Faith, Honor, Gratitude And All The Other Qualities Which Enoble The Character Of A Nation, And Fulfill The Ends Of Government Be The Fruits Of Our Establishments, The Cause Of Liberty Will Acquire A Dignity And Lustre, Which It Has Never Yet Enjoyed, And An Example Will Be Set, Which Can Not But Have The Most Favorable Influence On The Rights Of Mankind.

The Security Intended To The General Liberty Consists In The Frequent Election And In The Rotation Of The Members Of Congress.

Ecclesiastical Establishments Tend To Great Ignorance And Corruption

Religious Truth

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

Republican Government

The Government Of The United States Is A Definite Government, Confined To Specified Objects. It Is Not Like The State Governments, Whose Powers Are More General. Charity Is No Part Of The Legislative Duty Of 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.

[i]t Is The Reason Alone, Of The Public, That Ought To Control And Regulate The Government.

I Do Not Conceive That Power Is Given To The President And Senate To Dismember The Empire, Or To Alienate Any Great, Essential Right. I Do Not Think The Whole Legislative Authority Have This Power. The Exercise Of The Power Must Be Consistent With The Object Of The Delegation.

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

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

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.

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.

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.

Another Of My Wishes Is To Depend As Little As Possible On The Labour Of Slaves.

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.

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

The Advice Nearest To My Heart And Deepest In My Convictions Is That The Union Of The States Be Cherished And Perpetuated. Let The Open Enemy To It Be Regarded As A Pandora With Her Box Opened, And The Disguised One As The Serpent Creeping With His Deadly Wiles Into Paradise.

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

Secular Society

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.

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

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

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

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

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.

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.

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

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.

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

No Man Can Be A Competent Legislator Who Does Not Add To An Upright Intention And A Sound Judgment A Certain Degree Of Knowledge Of The Subject On Which He Is To Legislate.

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

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

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

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

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 . . .

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

Union Of Religious Sentiments Begets A Surprising Confidence.

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

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

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.

The Essence Of Government Is Power; And Power, Lodged As It Must Be In Human Hands, Will Ever Be Liable To Abuse.

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 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.

If The Public Homage Of A People Can Ever Be Worthy Of The Favorable Regard Of The Holy And Omniscient Being To Whom It Is Addressed, It Must Be That In Which Those Who Join In It Are Guided Only Be Their Free Choice-by The Impulse Of Their Hearts And The Dictates Of Their Consciences.

The Belief In A God All Powerful Wise And Good, Is So Essential To The Moral Order Of The World And To The Happiness Of Man, That Arguments Which Enforce It Cannot Be Drawn From Too Many Sources Nor Adapted With Too Much Solicitude To The Different Characters And Capacities Impressed With It.

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

One Nation Is To Another What One Individual Is To Another; With This Melancholy Distinction Perhaps, That The Former With Fewer Of The Benevolent Emotions Than The Latter, Are Under Fewer Restraints Also From Taking Undue Advantage Of The Indiscretions Of Each Other.

No Error Is More Certain Than The One Proceeding From A Hasty And Superficial View Of The Subject.

War Is In Fact The True Nurse Of Executive Aggrandizement

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

Liberty Is To Faction What Air Is To Fire.

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.

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.

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

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

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

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.

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

Power Is Of An Encroaching Nature.

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

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.

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

I Have Appealed To Our Own Experience For The Truth Of What I Advance On This Subject [that The Legislative Power Is The Predominant Power]. Were It Necessary To Verify This Experience By Particular Proofs, They Might Be Multiplied Without End. I Might Find A Witness In Every Citizen Who Has Shared In, Or Been Attentive To, The Course Of Public Administrations.

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

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.

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.

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

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

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

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.

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

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

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.

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

Who Are To Be The Objects Of Popular Choice? Every Citizen Whose Merit May Recommend Him To The Esteem And Confidence Of His Country.

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

Good Conscience Is The Most Valuable Asset Of All!

The Constitution Of The U.s. Forbids Everything Like An Establishment Of A National Religion.

Founding Fathers Religion

Who Does Not See That The Same Authority Which Can Establish Christianity, In Exclusion Of All Other Religions, May Establish With The Same Ease Any Particular Sect Of Christians, In Exclusion Of All Other Sects?

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

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

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.

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

Constitution Of The United States

[a]ll Power Is Originally Vested In, And Consequently Derived From, The People. That Government Is Instituted And Ought To Be Exercised For The Benefit Of The People; Which Consists In The Enjoyment Of Life And Liberty And The Right Of Acquiring Property, And Generally Of Pursuing And Obtaining Happiness And Safety. That The People Have An Indubitable, Unalienable, And Indefeasible Right To Reform Or Change Their Government Whenever It Be Found Adverse Or Inadequate To The Purpose Of Its Institution.

[t]he Great Security Against A Gradual Concentration Of The Several Powers In The Same Department Consists In Giving To Those Who Administer Each Department The Necessary Constitutional Means And Personal Motives To Resist Encroachment Of The Others.

People Will Continue To Seek Justice Until It Is Found, Or Until Liberty Is Lost In The Pursuit.

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

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

The Governments Of Europe Are Afraid To Trust The People With Arms. If They Did, The People Would Certainly Shake Off The Yoke Of Tyranny, As America Did.

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.

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

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.

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

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

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

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

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

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

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

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

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.

I Hope This Will Find You...enjoying The Commencement Of A New Year With Every Prospect That Can Make It A Happy One.

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

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

The Establishment Of The Chaplainship To Congress Is A Palpable Violation Of ... Constitutional Principles.

The Advancement And Diffusion Of Knowledge Is The Only Guardian Of True Liberty.

Inspirational Life

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

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

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

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.

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.

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

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

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.

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

A Good Government Implies Two Things: First, Fidelity To The Object Of Government, Which Is The Happiness Of The People; Secondly, A Knowledge Of The Means By Which That Object Can Be Best Attained.

Our Country, If It Does Justice To Itself, Will Be The Workshop Of Liberty To The Civilized World.

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

Constitution Of The United States

The 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.

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

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.

Congress Shall Never Disarm Any Citizen Unless Such As Are Or Have Been In Actual Rebellion.

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.

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

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

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

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

No Power Over The Freedom Of Religion [is] Delegated To The United States By The Constitution.

Freedom Of Religion

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

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.

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?

The American People Owe It To Themselves, And To The Cause Of Free Government, To Prove By Their Establishments For The Advancement And Diffusion Of Knowledge, That Their Political Institutionsare As Favorable To The Intellectual And Moral Improvement Of Man As They Are Conformable To His Individual And Social Rights.

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

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

The Rich Man, When Contributing To A Permanent Plan For The Education Of The Poor, Ought To Reflect That He Is Providing For That Of His Own Descendants; And The Poor Man Who Concurs In A Provision For Those Who Are Not Poor That At No Distant Day It May Be Enjoyed By Descendants From Himself. It Does Not Require A Long Life To Witness These Vicissitudes Of Fortune.

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

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

The Aim Of Every Political Constitution, Is Or Ought To Be First To Obtain For Rulers Men Who Possess Most Wisdom To Discern, And Most Virtue To Pursue, The Common Good Of Society; And In The Next Place, To Take The Most Effectual Precautions For Keeping Them Virtuous Whilst They Continue To Hold Their Public Trust.

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

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

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

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

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

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

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

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

Democracies Have

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.

This Constitution, And The Laws Of The United States Which Shall Be Made In Pursuance Thereof; And All Treaties Made, Or Which Shall Be Made, Under The Authority Of The United States, Shall Be The Supreme Law Of The Land.

Constitution Of The United States

Crisis Is The Rallying Cry Of The Tyrant.

It Is In Vain To Oppose Constitutional Barriers To The Impulse Of Self-preservation. It Is Worse Than In Vain; Because It Plants In The Constitution Itself Necessary Usurpations Of Power, Every Precedent Of Which Is A Germ Of Unnecessary And Multiplied Repetitions.

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

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

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

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.

What Is Government Itself But The Greatest Of All Reflections On Human Nature? If Men Were Angels, No Government Would Be Necessary. If Angels Were To Govern Men, Neither External Nor Internal Controls On Government Would Be Necessary.

These Considerations And Many Others That Might Be Mentioned Prove, And Experience Confirms It, That Artisans And Manufacturers Will Commonly Be Disposed To Bestow Their Votes On Merchants.

Waiving The Rights Of Conscience, Not Included In The Surrender Implied By The Social State, & More Or Less Invaded By All Religious Establishments, The Simple Question To Be Decided, Is Whether A Support Of The Best & Purest Religion, The Christian Religion Itself Ought Not, So Far At Least As Pecuniary Means Are Involved, To Be Provided For By The Government, Rather Than Be Left To The Voluntary Provisions Of Those Who Profess It.

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.

Resistance To Tyranny Is Service To God.

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

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

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

Secular Society

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.

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

Trending Author

Category