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its members. But if the supreme court is ever composed of imprudent men or bad citizens, the Union may be plunged into anarchy or civil war.
The real cause of this danger, however, does not lie in the constitution of the tribunal, but in the very nature of federal governments. We have observed that in confederate peoples it is especially necessary to consolidate the judicial authority, because in no other nations do those independent persons who are able to cope with the social body, exist in greater power or in a better condition to resist the physical strength of the government. But the more a power requires to be strengthened, the more extensive and independent it must be made; and the dangers which its abuse may create are heightened by its independence and its strength. The source of the evil is not, therefore, in the constitution of the power, but in the constitution of those states which render its existence necessary.
IN WHAT RESPECTS THE FEDERAL CONSTITUTION IS SUPERIOR TO THAT OF THE STATES.
In what respects the Constitution of the Union can be compared to that of the States.—Superiority of the Constitution of the Union attributable to the Wisdom of the federal Legislators.—Legislature of the Union less dependant on the People than that of the States.—Executive Power more independent in its Sphere.—Judicial Power less subjected to the Inclinations of the Majority.—Practical Consequences of these Facts.—The Dangers inherent in a democratic Government eluded by the federal Legislators, and increased by the Legislators of the States.
The federal constitution differs essentially from that of the states in the ends which it is intended to accomplish; but in the means by which these ends are promoted, a greater analogy exists between them. The objects of the governments are different, but their forms are the same; and in this special point of view there is some advantage in comparing them together.
I am of opinion that the federal constitution is superior to all the constitutions of the states, for several reasons.
The present constitution of the Union was formed at a later period than those of the majority of the states, and it may have de-
