gislators are wholly irresponsible. No
despot was ever more entirely irresponsible than are republican
legislators during the period for which they are chosen. They can
neither be removed from their office, nor called to account while in
their office, nor punished after they leave their office, be their
tyranny what it may. Moreover, the judicial and executive departments of
the government are equally irresponsible _to the people_, and are only
responsible, (by impeachment, and dependence for their salaries), to
these irresponsible legislators. This dependence of the judiciary and
executive upon the legislature is a guaranty that they will always
sanction and execute its laws, whether just or unjust. Thus the
legislators hold the whole power of the government in their hands, and
are at the same time utterly irresponsible for the manner in which they
use it.
If, now, this government, (the three branches thus really united in
one), can determine the validity of, and enforce, its own laws, it is,
for the time being, entirely absolute, and wholly irresponsible to the
people.
But this is not all. These legislators, and this government, so
irresponsible while in power, can perpetuate their power at pleasure, if
they can determine what legislation is authoritative upon the people,
and can enforce obedience to it; for they can not only declare their
power perpetual, but they can enforce submission to all legislation that
is necessary to secure its perpetuity. They can, for example, prohibit
all discussion of the rightfulness of their authority; forbid the use of
the suffrage; prevent the election of any successors; disarm, plunder,
imprison, and even kill all who refuse submission. If, therefore, the
government (all departments united) be absolute for a day--that is, if
it can, for a day, enforce obedience to its own laws--it can, in that
day, secure its power for all time--like the queen, who wished to reign
but for a day, but in that day caused the king, her husband, to be
slain, and usurped his throne.
Nor will it avail to say that such acts would be unconstitutional, and
that unconstitutional acts may be lawfully resisted; for everything a
government pleases to do will, of course, be determined to be
constitutional, if the government itself be permitted to determine the
question of the constitutionality of its own acts. Those who are capable
of tyranny, are capable of perjury to sustain it.
The conclusion, therefor
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