Category: The American Constitution
“Speech is an essential mechanism of democracy, for it is the means to hold officials accountable to the people. The right of citizens to inquire, to hear, to speak, and to use information to reach consensus is a precondition to enlightened self-government and a necessary means to protect it. For these reasons, political speech must prevail against laws that would suppress it, whether by design or inadvertence.” – Justice Anthony M. Kennedy, Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) (internal citations and quotes omitted)
“Faction and enthusiasm are the instruments by which popular governments are destroyed. We need not talk of the power of an aristocracy. The people when they lose their liberties are cheated out of them. They nourish factions in their bosoms, which will subsist so long as abusing their honest credulity shall be the means of acquiring power.” – Fisher Ames, January 15, 1788, Debate on the Constitution, Part One (ed. Bailyn)
“All new laws, though penned with the greatest technical skill, and passed on the fullest and most mature deliberation, are considered as more or less obscure and equivocal, until their meaning be liquidated and ascertained by a series of particular discussions and adjudications. 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. The use of words is to express ideas. Perspicuity therefore requires not only that the ideas should be distinctly formed, but that they should be expressed by words distinctly and exclusively appropriated to them. But no language is so copious as to supply words and phrases for every complex idea, or so correct as not to include many equivocally denoting different ideas. Hence it must happen, that however accurately objects may be discriminated in themselves, and however accurately the discrimination may be considered, the definition of them may be rendered inaccurate by the inaccuracy of the terms in which it is delivered. And this unavoidable inaccuracy must be greater or less, according to the complexity and novelty of the objects defined. When the Almighty himself condescends to address mankind in their own language, his meaning, luminous as it must be, is rendered dim and doubtful, by the cloudy medium through which it is communicated. Here then are three sources of vague and incorrect definitions; indistinctness of the object, imperfection of the organ of conception, inadequateness of the vehicle of ideas. Any one of these must produce a certain degree of obscurity.” – James Madison, “The Federalist XXXVII”
“Energy in Government is essential to that security against external and internal danger, and to that prompt and salutary execution of the laws, which enter into the very definition of good Government. 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. An irregular and mutable legislation, is not more an evil in itself, than it is odious to the people.” – James Madison, “The Federalist XXXVII”
“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.” – James Madison, “The Federalist XXXVII”
“—if a Constitution is not to be established unless it is impossible to abuse the Powers given to the Destruction of the Community, I will venture to assert that no Government can ever be established—for the Delegation of Powers is necessary to the Being of Society, and it is impossible so to guard them that they may not be abused for a Time—an Assembly of a State, the Officers of a County or Town or of any smaller Community may betray the confidence repos’d in them; and it is impossible to grant such powers as are necessary to do Us good without granting such as may do Us evil; our Security must rest in our frequently recurring back to the People the fountain of all power by our Elections—the contrary Opinion appears to involve a suspicion that a Man become a Villain the Moment he is intrusted with power—if this so, in the Extent the Objection Supposes, it concludes against the propriety of establishing any Government in any possible Case—,” Samuel Parsons, letter to William Cushing, January 11, 1788
“There are strong minds in every walk of life that will rise superior to the disadvantages of situation, and will command the tribute due to their merit, not only from the classes to which they particularly belong, but from the society in general. The door ought to be equally open to all.” – Alexander Hamilton, “The Federalist XXXVI”
“In countries under arbitrary government, the people oppressed and dispirited, neither possess arms nor know how to use them. Tyrants never feel secure, until they have disarmed the people. They can rely upon nothing but standing armies of mercenary troops for the support of their power.” – The Republican, “The Principal Circumstances Which Render Liberty Secure,” Connecticut Courant, January 7, 1788
“Where the great body of the citizens are ignorant, and incapable of discerning their true interests, they may be duped by artful and factious men, and led to do things destructive to their own rights and liberties. But a sensible intelligent people, who have access to the sources of information, and are capable of discerning what measures are conducive to the public welfare, will not be easily induced to act contrary to their own interests, and destroy those rights and liberties which are the foundations of public happiness.” – The Republican, “The Principal Circumstances Which Render Liberty Secure,” Connecticut Courant, January 7, 1788
“As it is by comparison only that men estimate the value of any good, they are not sensible to the worth of those blessings they enjoy, until they are deprived of them; hence from ignorance of the horrors of slavery, nations, that have been in possession of that rarest of blessings, liberty, have so easily parted with it: when groaning under the yoke of tyranny what perils would they not encounter, what consideration would they not give to regain the inestimable jewel they had lost; but the jealousy of despotism guards every avenue to freedom, and confirms its empire at the expence of the devoted people, whose property is made instrumental to their misery, for the rapacious hand of power seizes upon every thing; dispair presently succeeds, and every noble faculty of the mind being depressed, and all motive to industry and exertion being removed, the people are adapted to the nature of the government, and drag out a listless existence.” – Samuel Bryan, “Centinel VIII”
“A standing Bill of Rights is absurd, because no constitutions, in a free government, can be unalterable. The present generation have indeed a right to declare what they deem a privilege; but they have no right to say what the next generation shall deem a privilege.” – Noah Webster, “Giles Hickory I” (emphases in original)
“To those who insist that he who pays the greatest share of taxes, ought to have the greatest number of votes; it is a sufficient answer to say, that this rule would be destructive of the liberty of the others, and would render them slaves to the more rich and wealthy—That if one man pays more taxes than another, it is because he has more wealth to be protected by government, and he receives greater benefits from the government.”– Luther Martin, “The Genuine Information” (emphases in original)
“To provide for the general welfare, is an abstract proposition, which mankind differ in the explanation of, as much as they do on any political or moral proposition that can be proposed; the most opposite measures may be pursued by different parties, and both may profess, that they have in view the general welfare, and both sides may be honest in their professions.” – Brutus VI, “The Dangers of Unlimited Taxation,” New York Journal, December 27, 1787
“The business of civil government is to protect the citizen in his rights, to defend the community from hostile powers, and to promote the general welfare. Civil government has no business to meddle with the private opinions of the people. If I demean myself as a good citizen, I am accountable, not to man, but to God, for the religious opinions which I embrace, and the manner in which I worship the supreme being. If such had been the universal sentiments of mankind, and they had acted accordingly, persecution, the bane of truth and nurse of error, with her bloody axe and flaming hand, would never have turned so great a part of the world into a field of blood.” – A Landholder VII (Oliver Ellsworth), “No Religious Test Shall Be Required,” Connecticut Courant, December 17, 1787
“It ever has been the fate of system mongers to mistake the productions of their own imaginations, for those of nature herself: And their works, instead of advancing the cause of truth, serve only as false guides, who are ever ready to mislead us and impede our progress.” – John Stevens, Jr., “Americanus V,” Debate on the Constitution, Part One (ed. Bailyn)
“So great is the Wickedness of some Men, & the stupid Servility of others, that one would be almost inclined to conclude that Communities cannot be free. The few haughty Families, think They must govern. The Body of the People tamely consent & submit to be their Slaves. This unravels the Mystery of Millions being enslaved by the few!” – Samuel Adams, letter to Richard Henry Lee, December 3, 1787 (emphasis in original)
“It is not to be expected that a legislature will be found in any country that will not have some of its members, who will pursue their private ends, for which they will sacrifice the public good. Men of this character are, generally, artful and designing, and frequently possess brilliant talents and abilities; they commonly act in concert, and agree to share the spoils of their country among them; they will keep their object ever in view, and follow it with constancy. To effect their purpose, they will assume any shape, and, Proteus like, mould themselves into any form—where they will find members proof against direct bribery or gifts of offices, they will endeavor to mislead their minds by specious and false reasoning, to impose upon their unsuspecting honesty by an affectation of zeal for the public good.” – Brutus IV, “Fair Representation Is the Great Desideratum in Politics,” New York Journal, November 29, 1787
“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 with which they over-burden the inferior number, is a shilling saved to their own pockets.” – James Madison, “The Federalist X”
“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 his passions will have a reciprocal influence on each other; and the former will be objects to which the latter will attach themselves. The diversity in the faculties of men from which the rights of property originate, is not less an insuperable obstacle to a uniformity of interests. The protection of these faculties is the first object of Government. From the protection of different and unequal faculties of acquiring property, the possession of different degrees and kinds of property immediately results: and from the influence of these on the sentiments and views of the respective proprietors, ensues a division of the society into different interests and parties.
“The latent causes of faction are thus sown in the nature of man; and we see them every where brought into different degrees of activity, according to the different circumstances of civil society. 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. So strong is this propensity for 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. 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, and manufacturing interest, a monied interest, and many lesser interests, grow up of necessity in civilized nations, and divide them into different classes, actuated by different sentiments and views. The regulation of these various and interfering interests forms the principal task of modern Legislation, and involves the spirit of party and faction in the necessary and ordinary operations of Government.”
– James Madison, “The Federalist X”
“The progress of a commercial society begets luxury, the parent of inequality, the foe to virtue, and the enemy to restraint.” – Cato V, “Can an American Be a Tyrant?”
“The liberties of the people never can be lost, until they are lost to themselves, in a vicious disregard of their dearest interests, a sottish indolence, a wild licentiousness, a dissoluteness of morals, and a contempt of all virtue.” – Civis Rusticus, “Not to Condemn, but to Correct,” January 30, 1788, Debate on the Constitution, Part One (ed. Bailyn)
“The causes of hostility among nations are innumerable. There are some which have a general and almost constant operation upon the collective bodies of society: Of this description are the love of power or the desire of preeminence and dominion—the jealousy of power, or the desire of equality and safety. There are others which have a more circumscribed, though an equally operative influence, within their spheres: Such are the rivalships and competitions of commerce between commercial nations. And there are others, not less numerous than either of the former, which take their origin intirely in private passions; in the attachments, enmities, interests, hopes and fears of leading individuals in the communities of which they are members. Men of this class, whether the favourites of a king or of a people, have in too many instances abused the confidence they possessed; and assuming the pretext of some public motive, have not scrupled to sacrifice the national tranquility to personal advantage, or personal gratification.” – Alexander Hamilton, “The Federalist VI”
“The people can not be all, and always, well informed. The part which is wrong will be discontented in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions it is a lethargy, the forerunner of death to the public liberty.” – Thomas Jefferson, “Letter to William Stephens Smith,” November 13, 1787
“No man is a warmer advocate for proper restraints and wholesome checks in every department of government than I am; but I have never yet been able to discover the propriety of placing it absolutely out of the power of men to render essential Services, because a possibility remains of their doing ill.” – George Washington, “Letter to Bushrod Washington,” November 10, 1787
“The warmest friends and best supporters the Constitution has, do not contend that it is free from imperfections; but they found them unavoidable and are sensible, if evil is likely to arise there from, the remedy must come hereafter; for in the present moment, it is not to be obtained; and, as there is a Constitutional door open for it, I think the People (for it is with them to Judge) can as they will have the advantage of experience on their Side, decide with as much propriety on the alterations and amendments which are necessary as ourselves. I do not think we are more inspired, have more wisdom, or possess more virtue, than those who will come after us.” – George Washington, “Letter to Bushrod Washington,” November 10, 1787
“The inquiry is, what are the privileges and immunities of citizens in the several states? We feel no hesitation in confining these expressions to those privileges and immunities which are, in their nature, fundamental; which belong, of right, to the citizens of all free governments; and which have, at all times, been enjoyed by the citizens of the several states which compose this Union, from the time of their becoming free, independent, and sovereign. What these fundamental principles are, it would perhaps be more tedious than difficult to enumerate. They may, however, be all comprehended under the following general heads: Protection by the government; the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety; subject nevertheless to such restraints as the government may justly prescribe for the general good of the whole. The right of a citizen of one state to pass through, or to reside in any other state, for purposes of trade, agriculture, professional pursuits, or otherwise; to claim the benefit of the writ of habeas corpus; to institute and maintain actions of any kind in the courts of the state; to take, hold and dispose of property, either real or personal; and an exemption from higher taxes or impositions than are paid by the other citizens of the state; may be mentioned as some of the particular privileges and immunities of citizens, which are clearly embraced by the general description of privileges deemed to be fundamental: to which may be added, the elective franchise, as regulated and established by the laws or constitution of the state in which it is to be exercised. These, and many others which might be mentioned, are, strictly speaking, privileges and immunities, and the enjoyment of them by the citizens of each state, in every other state, was manifestly calculated (to use the expressions of the preamble of the corresponding provision in the old articles of confederation) ‘the better to secure and perpetuate mutual friendship and intercourse among the people of the different states of the Union.’” – Justice Bushrod Washington, Corfield v. Coryell (6 Fed. Cas. 546, no. 3,230 C.C.E.D.Pa. 1823)
“There are certain unalienable and fundamental rights, which in forming the social compact, ought to be explicitly ascertained and fixed—a free and enlightened people, in forming this compact, will not resign all their rights to those who govern, and they will fix limits to their legislators and rulers, which will soon be plainly seen by those who are governed, as well as by those who govern: and the latter will know they cannot be passed unperceived by the former, and without giving a general alarm—These rights should be made the basis of every constitution; and if a people be so situated, or have such different opinions that they cannot agree in ascertaining and fixing them, it is a very strong argument against their attempting to form one entire society, to live under one system of laws only.” – Letters from the “Federal Farmer” to “The Republican”, Letter II, October 9, 1787
“The fickle and ardent, in any community, are the proper tools for establishing despotic government. But it is deliberate and thinking men, who must establish and secure governments on free principles.” – Letters from the “Federal Farmer” to “The Republican”, Letter I, October 8, 1787
“It is natural for men, who wish to hasten the adoption of a measure, to tell us, now is the crisis—now is the critical moment which must be seized, or all will be lost: and to shut the door against free enquiry, whenever conscious the thing presented has defects in it, which time and investigation will probably discover. This has been the custom of tyrants and their dependants in all ages.” – Letters from the “Federal Farmer” to “The Republican”, Letter I, November 8, 1787
“Public credit is as necessary for the prosperity of a nation as private credit is for the support and wealth of a family.” – A Landholder (Oliver Ellsworth), “A Further Reply to Elbridge Gerry,” Connecticut Courant, December 3, 1787