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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.

-James Madison

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What Is To Be

James Madison

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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.

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In All Great Changes Of Established Governments, Forms Ought To Give Way To Substance

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.

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

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.

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

Constitution Of The United States

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

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.

... 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.

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.

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.

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.

[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.

History Records That The Money Changers Have Used Every Form Of Abuse, Intrigue, Deceit, And Violent Means Possible To Maintain Their Control Over Governments By Controlling Money And It's Issuance.

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

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.

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

I 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.

Power Is Of An Encroaching Nature.

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 House Of Representatives ... Can Make No Law, Which Will Not Have Its Full Operation On Themselves And Their Friends, As Well As The Great Mass Of Society. This Has Always Been Deemed One Of The Strongest Bonds By Which Human Policy Can Connect The Rulers And The People Together. It Creates Between Them That Communion Of Interest, And Sympathy Of Sentiments, Of Which Few Governments Have Furnished Examples; But Without Which Every Government Degenerates Into Tyranny.

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.

It Is The Duty Of Every Man To Render To The Creator Such Homage And Such Only As He Believes To Be Acceptable To Him. This Duty Is Precedent, Both In Order Of Time And In Degree Of Obligation, To The Claims Of Civil Society.

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.

Any Reading Not Of A Vicious Species Must Be A Good Substitute For The Amusements Too Apt To Fill Up The Leisure Of The Labouring Classes.

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

[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 Management Of Foreign Relations Appears To Be The Most Susceptible Of Abuse Of All The Trusts Committed To A Government, Because They Can Be Concealed Or Disclosed, Or Disclosed In Such Parts And At Such Times As Will Best Suit Particular Views; And Because The Body Of The People Are Less Capable Of Judging, And Are More Under The Influence Of Prejudices, On That Branch Of Their Affairs, Than Of Any Other. Perhaps It Is A Universal Truth That The Loss Of Liberty At Home Is To Be Charged To Provisions Against Danger, Real Or Pretended, From Abroad.

[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.

Whenever A Youth Is Ascertained To Possess Talents Meriting An Education Which His Parents Cannot Afford, He Should Be Carried Forward At The Public Expense.

The Great Desideratum In Government Is, So To Modify The Sovereignty As That It May Be Sufficiently Neutral Between Different Parts Of The Society To Controul One Part From Invading The Rights Of Another, And At The Same Time Sufficiently Controuled Itself, From Setting Up An Interest Adverse To That Of The Entire Society.

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.

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

Freedom Of Religion

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

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?

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

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

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

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.

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

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.

Enlightened Statesmen Will Not Always Be At The Helm.

A Pure Democracy, By Which I Mean A Society Consisting Of A Small Number Of Citizens, Who Assemble And Administer The Government In Person, Can Admit Of No Cure For The Mischiefs Of Faction. A Common Passion Or Interest Will, In Almost Every Case, Be Felt By A Majority Of The Whole; A Communication And Concert Result From The Form Of Government Itself; And There Is Nothing To Check The Inducements To Sacrifice The Weaker Party, Or An Obnoxious Individual. Hence It Is, That Such Democracies Have Ever Been Spectacles Of Turbulence And Contention; Have Ever Been Found Incompatible With Personal Security, Or The Rights Of Property; And Have In General Been As Short In Their Lives, As They Have Been Violent In Their Deaths.

Religious Bondage Shackles And Debilitates The Mind And Unfits It For Every Noble Enterprise.... During Almost Fifteen Centuries Has The Legal Establishment Of Christianity Been On Trial. What Have Been Its Fruits? More Or Less, In All Places, Pride And Indolence In The Clergy; Ignorance And Servility In Laity; In Both, Superstition, Bigotry, And Persecution.

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.

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.

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

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 Defect Of Power In The Existing Confederacy, To Regulate The Commerce Between Its Several Members Is In The Number Of Those Which Have Been Clearly Pointed Out By Experience . . . . A Very Material Object Of This Power Was The Relief Of The States Which Import And Export Through Other States From The Improper Contributions Levied On Them By The Latter.

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.

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.

If Our Nation Is Ever Taken Over, It Will Be Taken Over From Within.

If This Spirit Shall Ever Be So Far Debased, As To Tolerate A Law Not Obligatory On The Legislature, As Well As On The People, The People Will Be Prepared To Tolerate Any Thing But Liberty.

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.

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.

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

Good Conscience Is The Most Valuable Asset Of All!

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

The Infant Periods Of Most Nations Are Buried In Silence Or Veiled In Fable; And The World Perhaps Has Lost But Little Which It Needs Regret. The Origin And Outset Of The American Republic Contain Lessons Of Which Posterity Ought Not To Be Deprived: And Happily There Never Was A Case In Which Every Interesting Incident Could Be So Accurately Preserved.

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

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.

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

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

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.

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.

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.

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.

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

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

It Is A Melancholy Reflection That Liberty Should Be Equally Exposed To Danger Whether The Government Have Too Much Power Or Too Little Power And That The Line Which Divides These Extremes Should Be So Inaccurately Defined By Experience.

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

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.

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.

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

No Government, Any More Than An Individual, Will Long Be Respected Without Being Truly Respectable; Nor Be Truly Respectable, Without Possessing A Certain Portion Of Order And Stability.

The Effect Of A Representative Democracy Is To Refine And Enlarge The Public Views, By Passing Them Through The Medium Of A Chosen Body Of Citizens, Whose Wisdom May Best Discern The True Interest Of The Nation.

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.

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

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

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.

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?

The Civil Rights Of None, Shall Be Abridged On Account Of Religious Belief Or Worship, Nor Shall Any National Religion Be Established, Nor Shall The Full And Equal Rights Of Conscience Be In Any Manner, Or On Any Pretext Infringed.

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.

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.

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

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.

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

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

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

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.

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

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

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

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.

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.

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

A Public Debt Is A Public Curse.

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

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

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.

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

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

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.

Despotism Can Only Exist In Darkness.

Landholders Ought To Have A Share In The Government To Support These Invaluable Interests And Check The Other Many. They Ought To Be So Constituted As To Protect The Minority Of The Opulent Against The Majority.

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

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

The Ultimate Authority Resides In The People, And That If The Federal Government Got Too Powerful And Overstepped Its Authority, Then The People Would Develop Plans Of Resistance And Resort To Arms.

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.

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

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

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

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

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

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 Temple Through Which Alone Lies The Road To That Of 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.

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 What Expedient Then Shall We Finally Resort, For Maintaining In Practice The Necessary Partition Of Power Among The Several Departments, As Laid Down In The Constitution? The Only Answer That Can Be Given Is, That As All These Exterior Provisions Are Found To Be Inadequate, The Defect Must Be Supplied, By So Contriving The Interior Structure Of The Government, As That Its Several Constituent Parts May, By Their Mutual Relations, Be The Means Of Keeping Each Other In Their Proper Places.

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

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

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

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 . . .

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

The 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.

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

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.

In Republics, The Great Danger Is, That The Majority May Not Sufficiently Respect The Rights Of The Minority.

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

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

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

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.

[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.

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

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

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.

[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.

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

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

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

[the Proposed Establishment] Will Have A . . . Tendency To Banish Our Citizens. . . . To Superadd A Fresh Motive To Emigration By Revoking The Liberty Which They Now Enjoy, Would Be The Same Species Of Folly Which Has Dishonoured And Depopulated Flourishing Kingdoms.

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 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.

If It Be Asked What Is To Restrain The House Of Representatives From Making Legal Discriminations In Favor Of Themselves And A Particular Class Of The Society? I Answer, The Genius Of The Whole System, The Nature Of Just And Constitutional Laws, And Above All The Vigilant And Manly Spirit Which Actuates The People Of America, A Spirit Which Nourishes Freedom, And In Return Is Nourished By It.

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

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

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

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

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?

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.

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.

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.

It Is Of Great Importance In A Republic, Not Only To Guard The Society Against The Oppression Of Its Rulers; But To Guard One Part Of The Society Against The Injustice Of The Other Part.

Republican Government

Tyranny Of The Majority

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.

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.

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

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

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

The People Can Never Willfully Betray Their Own Interests: But They May Possibly Be Betrayed By The Representatives Of The People; And The Danger Will Be Evidently Greater Where The Whole Legislative Trust Is Lodged In The Hands Of One Body Of Men, Than Where The Concurrence Of Separate And Dissimilar Bodies Is Required In Every Public Act.

Among The Features Peculiar To The Political System Of The United States Is The Perfect Equality Of Rights Which It Secures To Every Religious Sect. [...] Equal Laws Protecting Equal Rights, Are Found As They Ought To Be Presumed, The Best Guarantee Of Loyalty, And Love Of Country; As Well As Best Calculated To Cherish That Mutual Respect And Good Will Among Citizens Of Every Religious Denomination Which Are Necessary To Social Harmony And Most Favorable To The Advancement Of Truth.

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

[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.

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

Liberty Is To Faction What Air Is To Fire.

We May Be Assured By Past Experience, That Such A Practice [as Some States Charging High Taxes On Goods From Other States] Would Be Introduced By Future Contrivances; And Both By That And A Common Knowledge Of Human Affairs, That It Would Nourish Unceasing Animosities, And Not Improbably Terminate In Serious Interruptions Of The Public Tranquility.

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.

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

That Useful Alterations Will Be Suggested By Experience, Could Not But Be Foreseen . . . . It Moreover Equally Enables The General And State Governments To Originate The Amendment Of Errors As They May Be Pointed Out By The Experience On One Side Or On The Other.

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

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 President Is Impeachable If He Attempts To Subvert The Constitution.

[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.

Knowledge Will Forever Govern Ignorance.

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.

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

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

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.

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

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

[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.

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

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.

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

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.

The People Shall Not Be Deprived Or Abridged Of Their Right To Speak, Or To Publish Their Sentiments; And The Freedom Of The Press, As One Of The Great Bulwarks Of Liberty, Shall Be Inviolable.

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?

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 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.

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.

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.

The Powers Of The Federal Government Are Enumerated; It Can Only Operate In Certain Cases; It Has Legislative Powers On Defined And Limited Objects, Beyond Which It Cannot Extend Its Jurisdiction.

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.

If Men Were Angels, No Government Would Be Necessary.

Crisis Is The Rallying Cry Of The Tyrant.

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

The Political Truths Declared In That Solemn Manner Acquire By Degrees The Character Of Fundamental Maxims Of Free Government, And As They Become Incorporated With National Sentiment, Counteract The Impulses Of Interest And Passion.

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...corporations. The Power Of All Corporations Ought To Be Limited In This Respect. The Growing Wealth Acquired By Them Never Fails To Be A Source Of Abuses.

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.

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