FREE BOOKS

Author's List




PREV.   NEXT  
|<   337   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   353   354   355   356   357   358   359   360   361  
362   363   364   365   366   367   368   369   370   371   372   373   374   375   >>  
, but by a commentary a hundred times as large as the text. It must be by going further, and saying that after a question has been fully discussed and solemnly decided--after it has been recognised by every department of the government--and acquiesced in by the people, it should be considered as the best exposition the constitution is capable of, and as no longer open to controversy: and if the decision was wrong, according to a maxim of the common law, and which became common law only because it was common sense, the universality of the error makes it right. Let it not be supposed, that if a false or inconvenient construction is put on the constitution, or its meaning is considered doubtful and uncertain, the evil may be corrected by an amendment. Supposing it to take place, may we not, like bad tinkers, in stopping one hole, make two? We can judge of the probable success of this course, by the various laws passed to alter, or amend, or repeal, previous emendatory acts. But if the remedy were effectual when attained, is it attainable? What probability is there that three-fourths of the states will concur in any amendment, or that motives of interest--of party sympathy--of delusive argument--or the mere _nonchalance_ of men about evils which are not immediately pressing, would not unite more than one-fourth of the states? Besides, if the constitution were always to be changed whenever a serious question of its construction arose, and amendments were as practicable as they are difficult, the time required for the operation would leave us nothing else to do. A century would scarcely suffice to settle the questions which may occur in a single year. There is another mischief, of no insignificant character, which results from these excessive refinements in interpreting the constitution, and from the doctrine that no length of time can settle its meaning. They afford ready pretexts to cunning and timid politicians for screening their real motives from the people. When they wish to evade responsibility for their votes, they have nothing more to do than to plead scruples of conscience, and the sacred obligation of an oath. Where is the measure which a moderate degree of ingenuity may not show--we may almost say--has not shown to be against the words, or the meaning and spirit of the constitution? It is true, if the people distrust the sincerity of this plea of conscience, or disapprove it, they may remove their representativ
PREV.   NEXT  
|<   337   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   353   354   355   356   357   358   359   360   361  
362   363   364   365   366   367   368   369   370   371   372   373   374   375   >>  



Top keywords:

constitution

 

people

 
common
 

meaning

 

construction

 
conscience
 
motives
 
states
 

settle

 

amendment


question
 

considered

 

hundred

 
operation
 
century
 
suffice
 
single
 

required

 

spirit

 
questions

scarcely

 

difficult

 

remove

 

disapprove

 

fourth

 
Besides
 

representativ

 

immediately

 

pressing

 

amendments


practicable

 

changed

 
sincerity
 

distrust

 

insignificant

 

responsibility

 

screening

 
degree
 

measure

 

obligation


scruples

 

ingenuity

 

sacred

 

politicians

 

excessive

 
refinements
 
commentary
 

results

 

moderate

 

character