Miscellany to ponder: [T]he opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their, own sphere of action, but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch. -- Thomas Jefferson (letter to Abigail Adams, 11 September 1804) Reference: Original Intent, Barton (265-66); original Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, We established however some, although not all its [self-government] important principles. The constitutions of most of our States assert, that all power is inherent in the people; that they may exercise it by themselves, in all cases to which they think themselves competent, (as in electing their functionaries executive and legislative, and deciding by a jury of themselves, in all judiciary cases in which any fact is involved,) or they may act by representatives, freely and equally chosen; that it is their right and duty to be at all times armed. --Thomas Jefferson (letter to John Cartwright, 1824) Reference: The Writings of Thomas Jefferson, Memorial Edition, Lipscomb and Bergh, ed., vol. 16 (45) The Constitution on which our Union rests, shall be administered by me [as President] according to the safe and honest meaning contemplated by the plain understanding of the people of the United States at the time of its adoption -- a meaning to be found in the explanations of those who advocated, not those who opposed it, and who opposed it merely lest the construction should be applied which they denounced as possible. --Thomas Jefferson, letter to Mesrs. Eddy, Russel, Thurber, Wheaton and Smith, 1801 The germ of dissolution of our federal government is in the constitution of the federal judiciary; an irresponsible body, (for impeachment is scarcely a scare-crow) working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one. --Thomas Jefferson, Letter to Charles Hammond, 1821 It is an established rule of construction, where a phrase will bear either of two meanings to give it that which will allow some meaning to the other parts of the instrument, and not that which will render all the others useless. Certainly no such universal power was meant to be given to them. It was intended to lace them up straitly with in the enumerated powers, and those without which, as means, these powers could not be carried into effect. -- Thomas Jefferson (Opinion on a National Bank, 15 February 1791) Reference: Documents of American History, Commager, ed., vol. 1 (190) This was the object of the Declaration of Independence. Not to find out new principles, or new arguments, never before thought of, not merely to say things which had never been said before; but to place before mankind the common sense of the subject, in terms so plain and firm as to command their assent, and to justify ourselves in the independent stand we are compelled to take. Neither aiming at originality of principle or sentiment, nor yet copied from any particular and previous writing, it was intended to be an expression of the American mind, and to give to that expression the proper tone and spirit called for by the occasion. -- Thomas Jefferson (letter to Henry Lee, 8 May 1825) Reference: Jefferson: Writings, Peterson ed., Library of America (1501) War is not the best engine for us to resort to; nature has given us one in our commerce, which if properly managed, will be a better instrument for obliging the interested nations of Europe to treat us with justice. -- Thomas Jefferson (letter to Thomas Pickney, 29 May 1797) Reference: The Writings of Thomas Jefferson, Ford, ed., vol. 8 (293) At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account. -- Thomas Jefferson (letter to Monsieur A. Coray, 31 October 1823) Reference: respec. Quoted The proposed Constitution, so far from implying an abolition of the State governments, makes them constituent parts of the national sovereignty, by allowing them a direct representation in the Senate, and leaves in their possession certain exclusive and very important portions of sovereign power. This fully corresponds, in every rational import of the terms, with the idea of a federal government. -- Alexander Hamilton (Federalist No. 9, 1787) Reference: The Federalist If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify. -- Alexander Hamilton (Federalist No. 33, 3 January 1788) Reference: The Federalist The President is to be commander-in-chief of the army and navy of the United States. . . . It would amount to nothing more than the supreme command and direction of the military and naval forces, as first General and Admiral of the Confederacy; while that of the British king extends to the declaring of war and the raising and regulating of fleets and armies, -- all of which by the Constitution under consideration, would appertain to the legislature. Alexander Hamilton (The Federalist, 69, 1788.) This balance between the National and State governments ought to be dwelt on with peculiar attention, as it is of the utmost importance.. It forms a double security to the people. If one encroaches on their rights they will find a powerful protection in the other. Indeed, they will both be prevented from overpassing their constitutional limits by a certain rivalship, which will ever subsist between them. --Alexander Hamilton, speech to the New York Ratifying Convention, 1788 They are of the People, and return again to mix with the People, having no more durable preeminence than the different Grains of Sand in an Hourglass. Such an Assembly cannot easily become dangerous to Liberty. They are the Servants of the People, sent together to do the Peoples Business, and promote the public Welfare; their Powers must be sufficient, or their Duties cannot be performed. They have no profitable Appointments, but a mere Payment of daily Wages, such as are scarcely equivalent to their Expences; so that, having no Chance for great Places, and enormous Salaries or Pensions, as in some Countries, there is no triguing or bribing for Elections. -- Benjamin Franklin (letter to George Whatley, 23 May 1785) Reference: Franklin Collected Works, Lemay, ed., 1108. [T]he more public provisions were made for the poor, the less they provided for themselves, and of course became poorer ... [taking] away from before their eyes the greatest of all inducements to industry, frugality, and sobriety, by giving them a dependence of somewhat else than a careful accumulation during youth and health for support in age and sickness. --Benjamin Franklin, On the Price of Corn, and Management of the Poor [D]emocracy will soon degenerate into an anarchy, such an anarchy that every man will do what is right in his own eyes and no mans life or property or reputation or liberty will be secure, and every one of these will soon mould itself into a system of subordination of all the moral virtues and intellectual abilities, all the powers of wealth, beauty, wit and science, to the wanton pleasures, the capricious will, and the execrable cruelty of one or a very few. -- John Adams (An Essay on Mans Lust for Power, 29 August 1763) Reference: Original Intent, Barton (338); original The Papers of John Adams, Taylor, ed., vol. 1 (83) If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may appoint teachers in every State, county and parish and pay them out of their public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may assume the provision of the poor; they may undertake the regulation of all roads other than post-roads; in short, every thing, from the highest object of state legislation down to the most minute object of police, would be thrown under the power of Congress.... Were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited Government established by the people of America. -- James Madison 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. -- James Madison (Federalist No. 39, 1788) 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. -- James Madison (Federalist No. 57, 19 February 1788) Reference: Madison, Federalist No. 57 Our own Countrys Honor, all call upon us for a vigorous and manly exertion, and if we now shamefully fail, we shall become infamous to the whole world. Let us therefore rely upon the goodness of the Cause, and the aid of the supreme Being, in whose hands Victory is, to animate and encourage us to great and noble Actions - The Eyes of all our Countrymen are now upon us, and we shall have their blessings, and praises, if happily we are the instruments of saving them from the Tyranny mediated against them. Let us therefore animate and encourage each other, and shew the whole world, that a Freeman contending for Liberty on his own ground is superior to any slavish mercenary on earth. -- George Washington (General Orders, 2 July 1776) Reference: Washington, General Orders, July 2, 1776. There is not in the whole science of politics a more solid or a more important maxim than this -- that of all governments, those are the best, which, by the natural effect of their constitutions, are frequently renewed or drawn back to their first principles. --James Wilson, Lectures on Law, 1791 The whole of that Bill [of Rights] is a declaration of the right of the people at large or considered as individuals...[I]t establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of. -- Albert Gallatin (letter to Alexander Addison, 7 October 1789) Reference: That Every Man Be Armed: The Evolution of a Constitutional Right, Halbrook; original MS. In N.Y. Hist. Soc.-A.G. Papers, 2 Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States. --Noah Webster, An Examination of the Leading Principles of the Federal Constitution, 10 October 1787 [W]hen the resolution of enslaving America was formed in Great Britain, the British Parliament was advised by an artful man, - who was governor of Pennsylvania, to disarm the people; that it was the best and most effectual way to enslave them; but that they should not do it openly, but weaken them, and let them sink gradually, by totally disusing and neglecting the militia. -- George Mason (speech in the Virginia Ratifying Convention, 14 June 1778) Reference: The Debates of the Several State..., Elliot, vol. 3 (380) “As our president bears no resemblance to a king so we shall see the Senate has no similitude to nobles. First, not being hereditary, their collective knowledge, wisdom, and virtue are not precarious. For by these qualities alone are they to obtain their offices, and they will have none of the peculiar qualities and vices of those men who possess power merely because their father held it before them. -- Tench Coxe (An American Citizen, No.2, 28 September 1787) Reference: Independent Gazeteer, [Rights] are not annexed to us by parchments and seals. They are created in us by the decrees of Providence, which establish the laws of our nature. They are born with us; exist with us; and cannot be taken from us by any human power, without taking our lives. In short, they are founded on the immutable maxims of reason and justice. --John Dickinson, A Warning to the Colonies (Of the Right to Freedom; and of Traitors), 1766
Posted on: Tue, 30 Dec 2014 16:23:21 +0000
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