Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/142

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CONSTITUTION OF THE U. STATES.
[BOOK III.

take place within every successive ten years, for the avowed purpose of readjusting the representation from time to time, according to the national exigencies, it is no more to be imagined, that congress will abandon its proper duty in this respect, than in respect to any other power confided to it. Every power may be abused; every duty may be corruptly deserted. But, as the power to correct the evil will recur at least biennially to the people, it is impossible, that there can long exist any public abuse or dereliction of duty, unless the people connive at, and encourage the violation.[1] In the next place, there is a peculiarity in the federal constitution, which must favour a constitutional augmentation of the representatives. One branch of the national legislature is elected by the people; the other, by the states. In the former, consequently, the large states will have more weight; in the latter, the smaller states will have the advantage. From this circumstance, it may be fairly inferred, that the larger states, and especially those of a growing population, will be strenuous advocates for increasing the number and weight of that part of the legislature, in which their influence predominates.[2]

§ 668. It may be said, that there will be an antagonist influence in the senate to prevent an augmentation. But, upon a close view, this objection will be found to lose most of its weight. In the first place, the house of representatives, being a co-ordinate branch, and directly emanating from the people, and speaking the known and declared sense of the majority of the people, will, upon every question of this nature, have
  1. 1 Elliot's Debates, 239.
  2. The Federalist, No. 58; 2 Lloyd's Debates, in 1789, p. 192.