Professional Documents
Culture Documents
1(OnthePoweroftheFederalGovernment)
Ishallnowproceedtotheexaminationoftheproposedplanofgovernment,andI
trust,shallmakeitappeartothemeanestcapacity,thatithasnoneofthe
essentialrequisitesofafreegovernment;
Bysect.8,ofthefirstarticleoftheproposedplanofgovernment,"theCongress
aretohavepowertolayandcollecttaxes,duties,impostsandexcises,topay
thedebtsandprovideforthecommondefenseandgeneralwelfareoftheUnited
States,butallduties,impostsandexcises,shallbeuniformthroughoutthe
UnitedStates."Nowwhatcanbemorecomprehensivethanthesewords;not
contentbyothersectionsofthisplan,tograntallthegreatexecutivepowersofa
confederation,andaSTANDINGARMYINTIMEOFPEACE,thatgrandengine
ofoppression,andmoreovertheabsolutecontroloverthecommerceofthe
UnitedStatesandallexternalobjectsofrevenue,suchasunlimitedimposts
uponimports,etc.theyaretobevestedwitheveryspecies
ofinternaltaxation;whatevertaxes,dutiesandexcisesthattheymay
deemrequisiteforthegeneralwelfare,maybeimposedonthecitizensof
thesestates,leviedbytheofficersofCongress,distributedthroughevery
districtinAmerica;andthecollectionwouldbeenforcedbythestanding
army,howevergrievousorimpropertheymaybe.TheCongressmay
construeeverypurposeforwhichthestatelegislaturesnowlaytaxes,to
beforthegeneralwelfare,andtherebyseizeuponeveryobjectofrevenue.
Thejudicialpowerby1stsect.ofarticle3"shallextendtoallcases,inlawand
equity,arisingunderthisconstitution,thelawsoftheUnitedStates,andtreaties
madeorwhichshallbemadeundertheirauthority;toallcasesaffecting
ambassadors,otherpublicministersandconsuls;toallcasesofadmiraltyand
maritimejurisdiction,
Theobjectsofjurisdictionrecitedabove,aresonumerous,andtheshades
ofdistinctionbetweencivilcausesareoftentimessoslight,thatitismore
thanprobablethatthestatejudicatorieswouldbewhollysuperseded;for
incontestsaboutjurisdiction,thefederalcourt,asthemostpowerful,
wouldeverprevail
ToputtheomnipotencyofCongressoverthestategovernmentandjudicatories
outofalldoubt,the6tharticleordainsthat"thisconstitutionandthelawsofthe
UnitedStateswhichshallbemadeinpursuancethereof,andalltreatiesmade,
orwhichshallbemadeundertheauthorityoftheUnitedStates,shallbethe
supremelawoftheland,andthejudgesineverystateshallbeboundthereby,
anythingintheconstitutionorlawsofanystatetothecontrarynotwithstanding."
Bythesesectionstheallprevailingpoweroftaxation,andsuchextensive
legislativeandjudicialpowersarevestedinthegeneralgovernment,as
mustintheiroperation,necessarilyabsorbthestatelegislaturesand
judicatories;andthatsuchwasinthecontemplationoftheframersofit,will
appearfromtheprovisionmadeforsuchevent,inanotherpartofit;(butthat,
fearfulofalarmingthepeoplebysogreataninnovation,theyhavesufferedthe
formsoftheseparategovernmentstoremain,asablind.)
IftheforegoingbeajustcommentiftheUnitedStatesaretobemelteddown
intooneempire,itbecomesyoutoconsider,whethersuchagovernment,
howeverconstructed,wouldbeeligibleinsoextendedaterritory;andwhetherit
wouldbepracticable,consistentwithfreedom?Itistheopinionofthegreatest
writers,thataveryextensivecountrycannotbegovernedondemocratic
principles,onanyotherplan,thanaconfederationofanumberofsmall
republics,possessingallthepowersofinternalgovernment,butunitedin
themanagementoftheirforeignandgeneralconcerns.
Itwouldnotbedifficulttoprove,thatanythingshortofdespotism,could
notbindsogreatacountryunderonegovernment;andthatwhateverplan
youmight,atthefirstsettingout,establish,itwouldissueinadespotism.
AntiFederalistNo.67Cato#5(OntheExecutiveBranch)
ItisremarkedbyMontesquieu,intreatingofrepublics,thatinallmagistracies,
thegreatnessofthepowermustbecompensatedbythebrevityofthe
duration,andthatalongertimethanayearwouldbedangerous.Itis,
therefore,obvioustotheleastintelligentmindtoaccountwhygreatpowerinthe
handsofamagistrate,andthatpowerconnectedwithconsiderableduration,
maybedangeroustothelibertiesofarepublic.Thedepositofvasttrustsinthe
handsofasinglemagistrateenableshimintheirexercisetocreateanumerous
trainofdependents.Thistemptshisambition,whichinarepublicanmagistrateis
alsoremarked,tobepernicious,andthedurationofhisofficeforany
considerabletimefavorshisviews,giveshimthemeansandtimetoperfectand
executehisdesigns;hethereforefanciesthathemaybegreatandgloriousby
oppressinghisfellowcitizens,andraisinghimselftopermanentgrandeuronthe
ruinsofhiscountryHispowerofnominationandinfluenceonall
appointments;hiscontroloverthearmy,militia,andnavy;the
unrestrainedpowerofgrantingpardonsfortreason,whichmaybeusedto
screenfrompunishmentthosewhomhehadsecretlyinstigatedtocommit
thecrime,andtherebypreventadiscoveryofhisownguilt;hisdurationin
officeforfouryearsthese,andvariousotherprinciplesevidentlyprovethe
truthoftheposition,thatifthepresidentispossessedofambition,hehas
powerandtimesufficienttoruinhiscountry
Andwhereindoesthispresident,investedwithhispowersand
prerogatives,essentiallydifferfromthekingofGreatBritain?Thedirect
prerogativesofthepresident,asspringingfromhispoliticalcharacter,areamong
thefollowing:Itisnecessary,inordertodistinguishhimfromtherestofthe
community,andenablehimtokeep,andmaintainhiscourt,thatthe
compensationforhisservices,orinotherwords,hisrevenue,shouldbesuchas
toenablehimtoappearwiththesplendorofaprince.Hehasthepowerof
receivingambassadorsfrom,andagreatinfluenceontheirappointmentsto
foreigncourts;asalsotomaketreaties,leagues,andallianceswithforeign
states,assistedbytheSenate,whichwhenmadebecomesthesupremelawof
land.Heisaconstituentpartofthelegislativepower,foreverybillwhichshall
passtheHouseofRepresentativesandSenateistobepresentedtohimfor
approbation.Ifheapprovesofitheistosignit,ifhedisapprovesheistoreturnit
withobjections,whichinmanycaseswillamounttoacompletenegative;andin
thisviewhewillhaveagreatshareinthepowerofmakingpeace,coining
money,etc.,andallthevariousobjectsoflegislation,expressedorimplied
inthisConstitution.ForthoughitmaybeassertedthatthekingofGreat
Britainhastheexpresspowerofmakingpeaceorwar,yetheneverthinks
itprudenttodosowithouttheadviceofhisParliament,fromwhombeisto
derivehissupportandthereforethesepowers,inbothpresidentandking,
aresubstantiallythesame.Heisthegeneralissimoofthenation,andof
coursehasthecommandandcontrolofthearmy,navyandmilitia;heis
thegeneralconservatorofthepeaceoftheunionhemaypardonall
offenses,exceptincasesofimpeachment,andtheprincipalfountainofall
officesandemployments.
Anti-Federalist Cato No. 3 (On Republics and Factions)
The recital, or premises on which this new form of government is erected, declares a
consolidation or union of all the thirteen parts, or states, into one great whole, under
the [form] of the United States, for all the various and important purposes therein
set forth.--But whoever seriously considers the immense extent of territory
comprehended within the limits of the United States, together with the variety of its
climates, productions, and commerce, the difference of extent, and number of
inhabitants in all; the dissimilitude of interest, morals, and policies, in almost every
one, will receive it as an intuitive truth, that a consolidated republican form of
government therein, can never form a perfect union, establish justice, insure domestic
tranquility, promote the general welfare, and secure the blessings of liberty to you and
your posterity, for to these objects it must be directed: this unkindred legislature
therefore, composed of interests opposite and dissimilar in their nature, will in its
exercise, emphatically be, like a house divided against itself.
It is natural, says Montesquieu, to a republic to have only a small territory, otherwise it
cannot long subsist: in a large one, there are men of large fortunes, and consequently of
less moderation; there are too great deposits to entrust in the hands of a single subject,
an ambitious person soon becomes sensible that he may be happy, great, and glorious by
oppressing his fellow citizens, and that he might raise himself to grandeur, on the ruins of
his country. In large republics, the public good is sacrificed to a thousand views; in a
small one the interest of the public is easily perceived, better understood, and more
within the reach of every citizen; abuses have a less extent, and of course are less
protected--he also shows you, that the duration of the republic of Sparta, was owing to its
having continued with the same extent of territory after all its wars; and that the ambition
of Athensto command and direct the union, lost them their liberties, and gave them a
monarchy.
The strongest principle of union resides within our domestic walls. The ties of the
parent exceed that of any other; as we depart from home, the next general principle
of union is amongst citizens of the same state, where acquaintance, habits, and
fortunes, nourish affection, and attachment; enlarge the circle still further, and, as
citizens of different states, though we acknowledge the same national denomination,
we lose the ties of acquaintance, habits, and fortunes, and thus, by degrees, we lessen
in our attachments, till, at length, we no more than acknowledge a sameness of
species. Is it therefore, from certainty like this, reasonable to believe, that
inhabitants of Georgia, or New-Hampshire, will have the same obligations towards
you as your own, and preside over your lives, liberties, and property, with the same
care and attachment? Intuitive reason, answers in the negative.
legislature of each free and independent state, as they now call themselves, in such a
situation that they will
eventually be absorbed by our grand continental vortex, or dwindle into petty
corporations, and have power over little else than yoaking hogs or determining the width
of cart wheels . . . Impressed with a conviction that this constitution is calculated to
restrain the influence and power of the LOWER CLASSto draw that
discrimination we have so long sought after; to secure to our friends privileges and
offices . . .
Signed by unanimous order of the lords spiritual and temporal.
Where then is the restraint? How are Congress bound down to the powers expressly
given? What is reserved, or can be reserved? Yet even this is not all. As if it were
determined that no doubt should remain, by the sixth article of the Constitution it is
declared that 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, shalt be the supreme law of the land, and the judges in every
state shall be bound thereby, any thing in the Constitutions or laws of any State to the
contrary notwithstanding. The Congress are therefore vested with the supreme
legislative power, without control. In giving such immense, such unlimited powers,
was there no necessity of a Bill of Rights, to secure to the people their liberties? Is it
not evident that we are left wholly dependent on the wisdom and virtue of the men who
shall from time to time be the members of Congress? And who shall be able to say seven
years hence, the members of Congress will be wise and good men, or of the contrary
character?
From this it appears, that at a time when the pulse of liberty beat high, and when an
appeal was made to the people to form Constitutions for the government of themselves, it
was their universal sense, that such declarations should make a part of their frames of
government. It is, therefore, the more astonishing, that this grand security to the rights of
the people is not to be found in this Constitution. . . .
The powers, rights and authority, granted to the general government by this
Constitution, are as complete, with respect to every object to which they extend, as that of
any State governmentit reaches to every thing which concerns human happinesslife,
liberty, and property are under its control. . . . So far is it from being true, that a bill of
rights is less necessary in the general Constitution than in those of the States, the
contrary is evidently the fact. This system, if it is possible for the people of America
to accede to it, will be an original compact; and being the last will, in the nature of
things, vacate every former agreement inconsistent with it. For it being a plan of
government received and ratified by the whole people, all other forms which are in
existence at the time of its adoption, must yield to it.
. . . Ought not a government, vested with such extensive and indefinite
authority, to have been restricted by a declaration of rights? It certainly ought. So
clear a point is this, that I cannot help suspecting that persons who attempt to
persuade people that such reservations were less necessary under this Constitution
than under those of the States, are willfully endeavoring to deceive, and to lead you
into an absolute state of vassalage.