Philosophy is common sense with big words.
The circulation of confidence is better than the circulation of money.
The means of defense against foreign danger historically have become the instruments of tyranny at home.
The civil rights of none, shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext infringed.
I have ever regarded the freedom of religious opinions and worship as equally belonging to every sect.
A good government implies two things: fidelity to the object of government, which is the happiness of the people; secondly, a knowledge of the means by which that object can be best attained.
No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment.
No man is allowed to be a judge in his own cause; because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity. With equal, nay with greater reason, a body of men are unfit to be both judges and parties at the same time.
It is a principle incorporated into the settled policy of America, that as peace is better than war, war is better than tribute.
It has been said that all Government is an evil. It would be more proper to say that the necessity of any Government is a misfortune. This necessity however exists; and the problem to be solved is, not what form of Government is perfect, but which of the forms is least imperfect.
It is to the press mankind are indebted for having dispelled the clouds which so long encompassed religion, for disclosing her genuine lustre, and disseminating her salutary doctrines.
As the Legislative, Executive, and Judicial departments of the United States are co-ordinate, and each equally bound to support the Constitution, it follows that each must in the exercise of its functions be guided by the text of the Constitution according to its own interpretation of it.
Can it be of less consequence that the meaning of a Constitution should be fixed and known, than a meaning of a law should be so?
Reason, on the contrary, assures us, that as in so great a number, a fit representative would be most likely to be found, so the choice would be less likely to be diverted from him, by the intrigues of the ambitious, or the bribes of the rich.
An armed and trained militia is the firmest bulwark of republics -- that without standing armies their liberty can never be in danger, nor with large ones safe.
Happily for the states, they enjoy the utmost freedom of religion. This freedom arises from that multiplicity of sects which pervades America, and which is the best and only security for religious liberty in any society.
It is sufficiently obvious, that persons and property are the two great subjects on which Governments are to act; and that the rights of persons, and the rights of property, are the objects, for the protection of which Government was instituted. These rights cannot well be separated.
It is the reason, alone, of the public, that ought to control and regulate the government. The passions ought to be controlled and regulated by the government.
The inference to which we are brought is that the causes of faction cannot be removed and that relief is only to be sought in the means of controlling its effects.
Are not the daily devotions conducted by these legal ecclesiastics already degenerating into a scanty attendance, and a tiresome formality?
It is certain that every class is interested in educational establishments which give to the human mind its highest improvements, and to every Country its truest and most durable celebrity.
The danger of disturbing the public tranquillity by interesting too strongly the public passions, is a still more serious objection against a frequent reference of constitutional questions to the decision of the whole society.
I own myself the friend to a very free system of commerce, and hold it as a truth, that commercial shackles are generally unjust, oppressive and impolitic.
I own myself the friend to a very free system of commerce, and hold it as a truth, that commercial shackles are generally unjust, oppressive and impolitic -- it is also a truth, that if industry and labour are left to take their own course, they will generally be directed to those objects which are the most productive, and this in a more certain and direct manner than the wisdom of the most enlightened legislature could point out.
War contains so much folly, as well as wickedness, that much is to be hoped from the progress of reason.
The regulation of commerce, it is true, is a new power; but that seems to be an addition which few oppose and from which no apprehensions are entertained.
Should ardent spirits be everywhere banished from the list of drinks, it will be a revolution not the least remarkable in this revolutionary age, and our country will have its full share in that as in other merits.
In Europe, charters of liberty have been granted by Power. In America ... charters of power are granted by liberty.
In Europe, charters of liberty have been granted by power. America has set the example ... of charters of power granted by liberty. This revolution in the practice of the world, may, with an honest praise, be pronounced the most triumphant epoch of its history, and the most consoling presage of its happiness.
The citizens of the United States have peculiar motives to support the energy of their constitutional charters.
During almost fifteen centuries has the legal establishment of Christianity been on trial. What have been its fruits? More or less in all places, pride and indolence in the Clergy, ignorance and servility in the laity, in both, superstition, bigotry and persecution.
We maintain therefore that in matters of Religion, no man's right is abridged by the institution of Civil Society, and that Religion is wholly exempt from its cognizance.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.
I entirely concur in the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. In that sense alone it is the legitimate Constitution. And if that is not the guide in expounding it, there may be no security.
Experience assures us, that the efficacy of the provision has been greatly over-rated; and that some more adequate defense is indispensably necessary for the more feeble, against the more powerful members of the government.
Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act. In this relation, then, the new Constitution will, if established, be a FEDERAL, and not a NATIONAL constitution.
The proposed establishment will have a ... tendency to banish our Citizens... To superadd a fresh motive to emigration by revoking the liberty which they now enjoy, would be the same species of folly which has dishonoured and depopulated flourishing kingdoms.
In framing a system, which we wish to last for ages, we should not lose sight of the changes which ages will produce.
In framing a system which we wish to last for ages, we shd. not lose sight of the changes which ages will produce. James Madison in the U.S. Constitutional Convention, June 26, 1787. The Records of the Federal Convention of 1787, ed. Max Farrand (New Haven: Yale University Press, 1966), 1:422.
The political truths declared in that solemn manner acquire by degrees the character of fundamental maxims of free Government, and as they become incorporated with national sentiment, counteract the impulses of interest and passion.
A distinction of property results from that very protection which a free Government gives to unequal faculties of acquiring it.
There is not a more important and fundamental principle in legislation, than that the ways and means ought always to face the public engagements; that our appropriations should ever go hand in hand with our promises.
There is not a more important and fundamental principle in legislation, than that the ways and means ought always to face the public engagements; that our appropriations should ever go hand in hand with our promises. To say that the United States should be answerable for twenty-five millions of dollars without knowing whether the ways and means can be provided, and without knowing whether those who are to succeed us will think with us on the subject, would be rash and unjustifiable. Sir, in my opinion, it would be hazarding the public faith in a manner contrary to every idea of prudence.
I have no doubt but that the misery of the lower classes will be found to abate whenever the Government assumes a freer aspect and the laws favor a subdivision of Property.
These considerations and many others that might be mentioned prove, and experience confirms it, that artisans and manufacturers will commonly be disposed to bestow their votes on merchants.
The best service that can be rendered to a Country, next to that of giving it liberty, is in diffusing the mental improvement equally essential to the preservation, and the enjoyment of the blessing.
The power to declare war, including the power of judging the causes of war, is fully and exclusively vested in the legislature.
In no part of the Constitution is more wisdom to be found than in the clause which confides the question of war or peace to the legislature, and not the executive department. ... The trust and the temptation would be too great for any one man.
We have seen the mere distinction of color made in the most enlightened period of time, a ground of the most oppressive dominion ever exercised by man over man.
On the distinctive principles of the Government ... of the U. States, the best guides are to be found in ... The Declaration of Independence, as the fundamental Act of Union of these States.
The fetters imposed on liberty at home have ever been forged out of the weapons provided for defense against real, pretended, or imaginary dangers from abroad.
The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of Government. But what is Government itself, but the greatest of all reflections on human nature?
Among the numerous advantages promised by a well-constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction.
It is the duty of every man to render to the Creator such homage and such only as he believes to be acceptable to him. This duty is precedent, both in order of time and in degree of obligation, to the claims of Civil Society.
The people shall not be deprived or abridged of their right to speak, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.
Respect for character is always diminished in proportion to the number among whom the blame or praise is to be divided. Conscience, the only remaining tie, is known to be inadequate in individuals: In large numbers, little is to be expected from it.
As to the permanent interest of individuals in the aggregated interests of the community, and in the proverbial maxim, that honesty is the best policy, present temptation is often found to be an overmatch for those considerations.
The internal effects of a mutable policy are still more calamitous. It poisons the blessings of liberty itself.
By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest... The latent causes of faction are sown in the nature of man.
The eyes of the world being thus on our Country, it is put the more on its good behavior, and under the greater obligation also, to do justice to the Tree of Liberty by an exhibition of the fine fruits we gather from it.
Let the influx of money be ever so great, if there be no confidence, property will sink in value... The circulation of confidence is better than the circulation of money.
Torrents of blood have been spilt in the world in vain attempts of the secular arm to extinguish religious discord, by proscribing all differences in religious opinions.
Torrents of blood have been spilt in the old world, by vain attempts of the secular arm, to extinguish Religious discord, by proscribing all difference in religious opinion. Time has at length revealed the true remedy. Every relaxation of narrow and rigorous policy, wherever it has been tried, has been found to assuage the disease.
Armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few.
Temporary deviations from fundamental principles are always more or less dangerous. When the first pretext fails, those who become interested in prolonging the evil will rarely be at a loss for other pretexts.
The right of the citizens to bear arms in defense of themselves and the state shall not be questioned.
We have seen that the tendency of republican governments is to an aggrandizement of the legislative at the expense of the other departments. The appeals to the people, therefore, would usually be made by the executive and judiciary departments.
If we advert to the nature of republican government, we shall find that the censorial power is in the people over the government, and not in the government over the people.
The ultimate authority resides in the people, and that if the federal government got too powerful and overstepped its authority, then the people would develop plans of resistance and resort to arms.
A people armed and free, forms a barrier against the enterprises of ambition and is a bulwark for the nation against foreign invasion and domestic oppression.
Every new and successful example of a perfect separation between ecclesiastical and civil matters is of importance.
Every new and successful example therefore of a perfect separation between ecclesiastical and civil matters, is of importance. And I have no doubt that every new example, will succeed, as every past one has done, in shewing that religion and Govt. will both exist in greater purity, the less they are mixed together.
Letter to Edward Livingston, 10 July 1822 -- Writings 9:100 -- 103.
Who does not see that the same authority which can establish Christianity, in exclusion of all other Religions, may establish with the same ease any particular sect of Christians, in exclusion of all other Sects?
Nothing has yet been offered to invalidate the doctrine that the meaning of the Constitution may as well be ascertained by the Legislative as by the Judicial authority.
The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter,to a small number of citizens elected by the rest; secondly, the greater number of citizens and greater sphere of country over which the latter may be extended.
The Federal Constitution forms a happy combination in this respect; the great and aggregate interests being referred to the national, the local and particular, to the state legislatures.
The free system of government we have established is so congenial with reason, with common sense, and with a universal feeling, that it must produce approbation and a desire of imitation, as avenues may be found for truth to the knowledge of nations.
Liberty and order will never be perfectly safe until a trespass on the Constitution provisions for either, shall be felt with the same keenness that resents and invasion of the dearest rights.
In suits at common law, trial by jury in civil cases is as essential to secure the liberty of the people as any one of the pre-existent rights of nature.
In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature.
It is of great importance in a republic, not only to guard the society against the oppression of its rulers; but to guard one part of the society against the injustice of the other part.
It is a melancholy reflection that liberty should be equally exposed to danger whether the government have too much power or too little power and that the line which divides these extremes should be so inaccurately defined by experience.
The American people are too well schooled in the duty and practice of submitting to the will of the majority to permit any serious uneasiness on that account.
Large and permanent military establishments are forbidden by the principles of free government, and against the necessity of which the militia were meant to be a constitutional bulwark.
For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power?
Congress should not establish a religion, and enforce the legal observation of it by law, nor compel men to worship God in any Manner contrary to their conscience.
It is vain to say that enlightened statesmen will always be able to adjust their interests. Enlightened men will not always be at the helm.
If Congress can employ money indefinitely to the general welfare... they may appoint teachers in every state... The powers of Congress would subvert the very foundation, the very nature of the limited government established by the people of America.
Experience has instructed us that no skill in the science of government has yet been able to discriminate and define, with sufficient certainty, its three great provinces the legislative, executive, and judiciary; or even the privileges and powers of the different legislative branches.
No man can be a competent legislator who does not add to an upright intention and a sound judgment a certain degree of knowledge of the subject on which he is to legislate.
The legislative department is everywhere extending the sphere of its activity and drawing all power into its impetuous vortex.
A local spirit will infallibly prevail much more in the members of Congress than a national spirit will prevail in the legislatures of the particular States.
The constitution supposes, what the History of all Governments demonstrates, that the Executive is the branch of power most interested in war, and most prone to it.
Landholders ought to have a share in the government to support these invaluable interests and check the other many. They ought to be so constituted as to protect the minority of the opulent against the majority.
In this relation, then, the proposed government cannot be deemed a national one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several states, a residuary and inviolable sovereignty over all other objects.
The powers of the federal government are enumerated; it can only operate in certain cases; it has legislative powers on defined and limited objects, beyond which it cannot extend its jurisdiction.
Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace.
I go on the principle that a public debt is a public curse and in a republican government more than in any other.
One nation is to another what one individual is to another; with this melancholy distinction perhaps, that the former with fewer of the benevolent emotions than the latter, are under fewer restraints also from taking undue advantage of the indiscretions of each other.
America united with a handful of troops, or without a single soldier, exhibits a more forbidding posture to foreign ambition than America disunited, with a hundred thousand veterans ready for combat.
Security against foreign danger is one of the primitive objects of civil society. It is an avowed and essential object of the American Union.
We have staked the whole future of our new nation, not upon the power of government; far from it. We have staked the future of all our political constitutions upon the capacity of each of ourselves to govern ourselves according to the moral principles of the Ten Commandments.
In time of actual war, great discretionary powers are constantly given to the Executive Magistrate. Constant apprehension of War, has the same tendency to render the head too large for the body. A standing military force, with an overgrown Executive will not long be safe companions to liberty.
If the public homage of a people can ever be worthy of the favorable regard of the Holy and Omniscient Being to Whom it is addressed, it must be that in which those who join in it are guided only be their free choice-by the impulse of their hearts and the dictates of their consciences.
That is not a just government, nor is property secure under it, where the property which a man has in his personal safety and personal liberty, is violated by arbitrary seizures of one class of citizens for the service of the rest.
Popular liberty might then have escaped the indelible reproach of decreeing to the same citizens, the hemlock on one day, and statues on the next.
What is the structure of government that will best guard against the precipitate counsels and factious combinations for unjust purposes, without a sacrifice of the fundamental principle of republicanism?
The better proof of reverence for that holy name would be not to profane it by making it a topic of legislative discussion.
A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.
Religious liberty was in its nature an inalienable right ... because the opinions of men, depending only upon the evidence contemplated by their minds, cannot follow the dictates of other men.
Freedom arises from the multiplicity of sects, which prevades America and which is the best and only security for religious liberty in any society. For where there is such a variety of sects, there cannot be a majority of any one sect to oppress and persecute the rest.
Among the features peculiar to the political system of the United States, is the perfect equality of rights which it secures to every religious sect.
Among the features peculiar to the political system of the United States is the perfect equality of rights which it secures to every religious sect. ... Equal laws protecting equal rights, are found as they ought to be presumed, the best guarantee of loyalty, and love of country; as well as best calculated to cherish that mutual respect and good will among citizens of every religious denomination which are necessary to social harmony and most favorable to the advancement of truth.
Union of religious sentiments begets a surprising confidence, and ecclesiastical establishments tend to great ignorance and corruption; all of which facilitate the execution of mischievous projects.
No religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
It is the mutual duty of all to practice Christian forbearance, love, and charity toward each other.
We are teaching the world the great truth that Governments do better without Kings and Nobles than with them.
We are teaching the world the great truth that Governments do better without Kings and Nobles than with them. The merit will be doubled by the other lesson that Religion Flourishes in greater purity, without than with the aid of Government.
Because we hold it for 'a fundamental and undeniable truth', that religion or 'the duty which we owe to our Creator' and the manner of discharging it, can be directed only by reason and conviction, not by force or violence.
The religion then of every man must be left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may dictate.
Strongly guarded as is the separation between Religion and Government in the Constitution of the United States, the danger of encroachment by Ecclesiastical Bodies may be illustrated by precedents already furnished in their short history.
History records that the money changers have used every form of abuse, intrigue, deceit, and violent means possible to maintain their control over governments by controlling money and it's issuance.
What is government itself but the greatest of all reflections on human nature?
What is government itself but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.
It is too early for politicians to presume on our forgetting that the public good, the real welfare of the great body of the people, is the supreme object to be pursued; and that no form of government whatever has any other value than as it may be fitted for the attainment of this object.
In the extent and proper structure of the Union, therefore, we behold a republican remedy for the disease incident to republican government.
No government, any more than an individual, will long be respected without being truly respectable; nor be truly respectable, without possessing a certain portion of order and stability.
How a regulation so unjust in itself, so foreign to the authority of Congress, and so hurtful to the sale of public land, and smelling so strongly of an antiquated bigotry, could have received the countenance of a committee is truly a matter of astonishment.
I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.
A government resting on the minority is an aristocracy, not a Republic, and could not be safe with a numerical and physical force against it, without a standing army, an enslaved press and a disarmed populace.
But the mild voice of reason, pleading the cause of an enlarged and permanent interest, is but too often drowned, before public bodies as well as individuals, by the clamors of an impatient avidity for immediate and immoderate gain.
The advice nearest to my heart and deepest in my convictions is that the union of the states be cherished and perpetuated. Let the open enemy to it be regarded as a Pandora with her box opened, and the disguised one as the serpent creeping with his deadly wiles into paradise.
The appointment of senators by the state legislatures ... is recommended by the double advantage of favoring a select appointment, and of giving to the state governments such an agency in the formation of the federal government, as must secure the authority of the former.
The government of the United States is a definite government, confined to specified objects. It is not like the state governments, whose powers are more general. Charity is no part of the legislative duty of the government.
That useful alterations will be suggested by experience, could not but be foreseen ... It moreover equally enables the general and state governments to originate the amendment of errors as they may be pointed out by the experience on one side or on the other.
The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.
The Constitution preserves the advantage of being armed which Americans possess over the people of almost every other nation (where) the governments are afraid to trust the people with arms.
A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
At cheaper and nearer seats of Learning parents with slender incomes may place their sons in a course of education putting them on a level with the sons of the Richest.
What a perversion of the normal order of things! ... to make power the primary and central object of the social system, and Liberty but its satellite.
Nothing is so contagious as opinion, especially on questions which, being susceptible of very different glosses, beget in the mind a distrust of itself.
I consider the difference between a system founded on
the legislatures only, and one founded on the people, to be the true difference between a league or treaty and a constitution.
Every nation whose affairs betray a want of wisdom and stability may calculate on every loss which can be sustained from the more systematic policy of its wiser neighbors.
There is not a shadow of right in the general government to intermingle with religion. Its least interference with it would be a most flagrant usurpation.
It is in vain to oppose constitutional barriers to the impulse of self-preservation. It is worse than in vain; because it plants in the Constitution itself necessary usurpations of power, every precedent of which is a germ of unnecessary and multiplied repetitions.
We look back, already, with astonishment, at the daring outrages committed by despotism, on the reason and rights of man; we look forward with joy, to the period, when it shall be despoiled of all its usurpations, and bound forever in the chains, with which it had loaded its miserable victims.
Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit.
Toleration is not the opposite of intolerance, but is the counterfeit of it. Both are despotisms. The one assumes to itself the right of withholding liberty of conscience, the other of granting it.
Were it possible so to accelerate the intercourse between every part of the globe that all its inhabitants could be united under the superintending authority of an ecumenical Council, how great a portion of human evils would be avoided.
The governments of Europe are afraid to trust the people with arms. If they did, the people would certainly shake off the yoke of tyranny, as America did.
The most common and durable source of faction has been the various and unequal distribution of property.
Of all the enemies of public liberty, war is perhaps the most to be dreaded, because it comprises and develops the germ of every other.
Of all the enemies to public liberty war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes; and armies, debts, and taxes are the known instruments for bringing the many under the domination of the few... No nation could preserve its freedom in the midst of continual warfare.
Bills of attainder, ex-post facto laws and laws impairing the obligation of contracts are contrary to the first principles of the social compact, and to every principle of sound legislation.
The safety and happiness of society are the objects at which all political institutions aim, and to which all such institutions must be sacrificed.
The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable obstacle to an uniformity of interests. The protection of these faculties is the first object of government.