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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.

-James Madison

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To Refer The Power

James Madison

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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.

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

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

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

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.

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.

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

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.

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

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

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.

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

Resolved, That The General Assembly Of Virginia, Doth Unequivocally Express A Firm Resolution To Maintain And Defend The Constitution Of The United States, And The Constitution Of This State, Against Every Aggression Either Foreign Or Domestic, And That They Will Support The Government Of The United States In All Measures Warranted By The Former.

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.

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

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

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.

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.

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

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.

The Latent Causes Of Faction Are Thus Sown In The Nature Of Man; And We See Them Everywhere Brought Into Different Degrees Of Activity, According To The Different Circumstances Of Civil Society.

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.

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

Secular Society

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.

Another Advantage Accruing From This Ingredient In The Constitution Of A Senate, Is The Additional Impediment It Must Prove Against Improper Acts Of Legislation. No Law Or Resolution Can Now Be Passed Without The Concurrence First Of A Majority Of The People, And Then Of A Majority Of The States.

Power Is Of An Encroaching Nature.

[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.

Americans Need Not Fear The Federal Government Because They Enjoy The Advantage Of Being Armed, Which You Possess Over The People Of Almost Every Other Nation.

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 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.

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

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.

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.

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.

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.

[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.

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.

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

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

Inspirational Life

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

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

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

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.

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.

War Is In Fact The True Nurse Of Executive Aggrandizement

[i]t Is More Convenient To Prevent The Passage Of A Law, Than To Declare It Void After It Has Passed.

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.

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.

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

[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.

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

Testimony Of All Ages Forces Us To Admit That War Is Among The Most Dangerous Enemies To Liberty, And That The Executive Is The Branch Most Favored By It Of All The Branches Of Power.

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.

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.

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.

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 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

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.

It Was By The Sober Sense Of Our Citizens That We Were Safely And Steadily Conducted From Monarchy To Republicanism, And It Is By The Same Agency Alone We Can Be Kept From Falling Back.

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. In Framing A Government Which Is To Be Administered By Men Over Men, The Great Difficulty Lies In This: You Must First Enable The Government To Control The Governed; And In The Next Place Oblige It To Control Itself. A Dependence On The People Is, No Doubt, The Primary Control On The Government; But Experience Has Taught Mankind The Necessity Of Auxiliary Precautions.

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

Freedom Of Religion

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

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

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.

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.

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.

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

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

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.

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

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

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.

An Oath-the Strongest Of Religious Ties.

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

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.

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

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.

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.

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

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.

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

The Internal Effects Of A Mutable Policy Are Still More Calamitous. It Poisons The Blessings Of Liberty Itself.

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

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

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.

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.

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.

A Victorious And Powerful Ally Is But Another Name For A Master.

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

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.

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 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.

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

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.

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

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

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

Commercial Shackles Are Generally Unjust, Oppressive, And Impolitic.

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

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.

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.

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

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

Constitution Of The United States

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

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

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

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.

In Time Of Actual War, Great Discretionary Powers Are Constantly Given To The Executive Magistrate. Constant Apprehension Of War, Has The Same Tendency To Render The Head Too Large For The Body. A Standing Military Force, With An Overgrown Executive Will Not Long Be Safe Companions To Liberty.

As A Man Is Said To Have A Right To His Property, He May Be Equally Said To Have A Property In His Rights.

The Danger Of Disturbing The Public Tranquillity By Interesting Too Strongly The Public Passions, Is A Still More Serious Objection Against A Frequent Reference Of Constitutional Questions To The Decision Of The Whole Society.

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

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.

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.

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

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.

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.

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

Despotism Can Only Exist In Darkness, And There Are Too Many Lights Now In The Political Firmament To Permit It To Remain Anywhere, As It Has Heretofore Done, Almost Everywhere.

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.

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

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

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.

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 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.

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

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.

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.

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

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

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.

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.

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.

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

The 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.

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

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

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

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

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.

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

Representatives

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.

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

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

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.

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.

Besides The Obscurity Arising From The Complexity Of Objects, And The Imperfection Of The Human Faculties, The Medium Through Which The Conceptions Of Men Are Conveyed To Each Other Adds A Fresh Embarrassment.

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

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.

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.

Americans Have The Right And Advantage Of Being Armed - Unlike The Citizens Of Other Countries Whose Governments Are Afraid To Trust The People With Arms.

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

[it] Is Indispensable That Some Provision Should Be Made For Defending The Community Agst [against] The Incapicity, Negligence Or Perfidy Of The Chief Magistrate.

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

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

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

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.

I Own Myself The Friend To A Very Free System Of Commerce, And Hold It As A Truth, That Commercial Shackles Are Generally Unjust, Oppressive And Impolitic.

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.

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.

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

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

Conscience Is The Most Sacred Of All Property; Other Property Depending In Part On Positive Law, The Exercise Of That, Being A Natural And Unalienable Right.

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

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

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 Service That Can Be Rendered To A Country, Next To That Of Giving It Liberty, Is In Diffusing The Mental Improvement Equally Essential To The Preservation, And The Enjoyment Of The Blessing.

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.

What Spectacle Can Be More Edifying Or More Seasonable, Than That Of Liberty And Learning, Each Leaning On The Other For Their Mutual And Surest Support?

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.

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

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.

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

Government Lies

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

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.

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

Procrastination

Characteristics

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

[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.

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

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

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

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.

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

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.

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 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

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

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

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.

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

Popular Liberty Might Then Have Escaped The Indelible Reproach Of Decreeing To The Same Citizens, The Hemlock On One Day, And Statues On The Next.

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 Means Of Defence Against Foreign Danger Have Been Always The Instruments Of Tyranny At Home. Among The Romans It Was A Standing Maxim To Excite A War, Whenever A Revolt Was Apprehended. Throughout All Europe, The Armies Kept Up Under The Pretext Of Defending, Have Enslaved The People.

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.

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.

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

Secular Society

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

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.

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

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?

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