Page:Nature and Character of our Federal Government.djvu/89

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OUR FEDERAL GOVERNMENT.
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much as does that of the senate, upon the action of the States. A State may withdraw its representation altogether, and congress has no power to prevent it, nor to supply the vacancy thus created. If the house of representatives were national, in any practical sense of the [ *73 ]*term, the "nation" would have authority to provide for the appointment of its members, to prescribe the qualifications of voters, and to enforce the performance of that duty. All these things the State legislatures can do, within their respective States, and it is obvious that they are strictly national. In order to make the house of representatives equally so, the people of the United States must be so consolidated that the federal government may distribute them, without regard to State boundaries, into numbers according to the prescribed ratio; so that all the people may be represented, and no unrepresented surplus be left in any State. If these things could be done under the Federal Constitution, there would then be a strict analogy between the popular branches of the federal and State legislatures, and the former might, with propriety, be considered "national." But it is difficult to imagine a national legislature which does not exist under the authority of the nation, and over the very appointment of which the nation, as such, can exert no effective control.

There are only two reasons which I have ever heard assigned for the opinion that the house of representatives is national, and not federative. The first is, that its measures are carried by the votes of a majority of the whole number, and not by those of a majority of the States. It would be easy to demonstrate that this fact does not warrant such a conclusion; but all reasoning is unnecessary, since the conclusion is disproved by the example of the other branch of the federal legislature. The senate, which is strictly federative, votes in the same way. The argument, therefore, proves nothing, because it proves too much.

The second argument is, that the States are not equally represented, but each one has a representation proportioned to its population. There is no reason, apparent to me, why a league may not be formed among independent sovereignties, giving to each an influence in the management of their com-