Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/48

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CONSTITUTION OF THE U. STATES.
[BOOK III.

dividing the power with a first, must be in all cases a salutary check on the government. It doubles the security to the people by requiring the concurrence of two distinct bodies, in schemes of usurpation or perfidy; whereas the ambition or corruption of one would otherwise be sufficient. This precaution, it was added, was founded on such clear principles, and so well understood in the United States, that it was superfluous to enlarge on it. As the improbability of sinister combinations would be in proportion to the dissimilarity in the genius of the two bodies, it must be politic to distinguish them from each other by every circumstance, which would consist with a due harmony in all proper measures, and with the genuine principles of republican government.[1]

§ 562. Secondly. The necessity of a senate was not less indicated by the propensity of all single and numerous assemblies to yield to the impulse of sudden and violent passions, and to be seduced by factious leaders into intemperate and pernicious resolutions. Examples of this sort might be cited without number, and from proceedings in the United States, as well as from the history of other nations. A body, which is to correct this infirmity, ought to be free from it, and consequently ought to be less numerous, and to possess a due degree of firmness, and a proper tenure of office.[2]

§ 563. Thirdly. Another defect to be supplied by a senate lay in the want of a due acquaintance with the objects and principles of legislation. A good government implies two things; fidelity to the objects of the
  1. The Federalist, No. 62.
  2. The Federalist, No. 62; Paley's Moral and Political Philosophy, B. 6, ch. 6, 7; 2 Wilson's Law Lect. 144 to 148.