Greetings from Mt. Vernon, Virginia!
Thank you to Professor Kyle Scott for soaring to 50,000 feet and giving us the aerial view of Hamilton’s important point in Federalist 61! I was in the weeds, struggling to make sense of where and when elections should be held, and the most important point of this paper sailed right over my head until I read Professor Scott’s essay.
Federalist 61 gives us an important insight and specific example of the founders’ view and intention of the construction of the United States Constitution: broad principles outlined that provide a structure and framework to guide the specifics of future legislation as time and events require.
Our founders had great wisdom as to what is appropriate for the Congress to decide, the specific powers that should be delegated to the federal government, where the federal government’s limits are, and what needed to be carefully spelled out and guarded in the Constitution. Reading back through Federalist Papers 52-61, the founders gave Congress many powers when it came to elections: deciding the time of elections, the power to modify election law, even the power to alter the total number of U.S. Representatives. These are all powers Publius argues are “safe for the legislature to decide.” The important guiding principles, such as the frequency of elections, and who may vote (broadened with Amendments, thanks to the “genius of the people”) are safely embedded in the Constitution.
In Federalist 51, Publius writes:
“In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”
Giving the government any power over the laws affecting the election of its own members is a tricky proposition. The founders’ carefully crafted system of checks and balances, including “THE CONSENT OF THE PEOPLE,” (Federalist No. 22) have preserved our liberty for over 200 years.
Let us not forget the words of Federalist No. 60 regarding the ultimate “check” of the people:
“Would they not fear that citizens, not less tenacious than conscious of their rights, would flock from the remote extremes of their respective States to the places of election, to overthrow their tyrants, and to substitute men who would be disposed to avenge the violated majesty of the people?”
Looking forward to hearing everyone’s thoughts and comments today!!
Wednesday, July 21st, 2010