it is presumed,
are prepared to deny to him the exercise of this power under the
Constitution.

But it is, in point of fact, untrue that an act passed by Congress
is conclusive evidence that it is an emanation of the popular will.
A majority of the whole number elected to each House of Congress
constitutes a quorum, and a majority of that quorum is competent to pass
laws. It might happen that a quorum of the House of Representatives,
consisting of a single member more than half of the whole number elected
to that House, might pass a bill by a majority of a single vote, and in
that case a fraction more than one-fourth of the people of the United
States would be represented by those who voted for it. It might happen
that the same bill might be passed by a majority of one of a quorum of
the Senate, composed of Senators from the fifteen smaller States and a
single Senator from a sixteenth State; and if the Senators voting for it
happened to be from the eight of the smallest of these States, it would
be passed by the votes of Senators from States having but fourteen
Representatives in the House of Representatives, and containing less
than one-sixteenth of the whole population of the United States. This
extreme case is stated to illustrate the fact that the mere passage of
a bill by Congress is no conclusive evidence that those who passed it
represent the majority of the people of the United States or truly
reflect their will. If such an extreme case is not likely to happen,
cases that approximate it are of constant occurrence. It is believed
that not a single law has been passed since the adoption of the
Constitution upon which all the members elected to both Houses have been
present and voted. Many of the most important acts which have passed
Congress have been carried by a close vote in thin Houses. Many
instances of this might be given. Indeed, our experience proves that
many of the most important acts of Congress are postponed to the last
days, and often the last hours, of a session, when they are disposed of
in haste, and by Houses but little exceeding the number necessary to
form a quorum.

Besides, in most of the States the members of the House of
Representatives are chosen by pluralities, and not by majorities of all
the voters in their respective districts, and it may happen that a
majority of that House may be returned by a less aggregate vote of the
people than that received by the minority.

If the principle