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Contents.
Essay. | Page | |
i. the insufficiency of naked constitutional restrictions, | No. XLVII. | 343 |
A. the tendency of the legislature to absorb the others, | 343 | |
a. from the nature of our political organization, | 344 | |
b. from "an intrepid confidence in its own strength," | 344 | |
c. from necessary extent of its powers, | 345 | |
d. from its control of the pecuniary resources of the country, and the indefiniteness of its authority in many cases, | 345 | |
e. from the examples presented in history, | 345 | |
B. an instance of executive encroachment accounted for, | 348 | |
C. concluding remarks, | 348 | |
ii. Mr. Jefferson's proposition, that, two thirds of the members of each of two of the departments concurring, an appeal to the People may be taken, considered, | XLVIII. | 349 |
A. the People the only source of authority, | 349 | |
B. the propriety of a well-defined mode of appealing to the People considered, | 350 | |
C. it does reach the case of an improper combination of two departments of the government, | 350 | |
D. by frequent applications it might impair the respect with which the People would regard the government, | 350 | |
E. the public tranquillity might be disturbed by a too frequent recurrence to the decision of the society, | 351 | |
F. the decisions thus obtained would not answer the purpose of maintaining the constitutional equilibrium of the government, | 352 | |
a. the legislature will still control the decision, | 352 | |
b. members of the legislature will probably be the members of the conventions to revise the form of government, | 353 | |
c. when such appeals to the People, against the legislature, will be useful, | 353 | |
G. concluding remarks on occasional appeals to the People, | 354 | |
iii. periodical appeals to the People considered, | XLIX. | 354 |
A. the disadvantage of short intervals discussed, | 355 |