GEORGIA LAW REVIEW - StephanKinsella.com

1450 GEORGIA LAW REWEW [Vol. 13:1447
upon power yet consistent with liberty. "It may be a reflection on
human nature," wrote The Federalist,
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? If men were angels, no govern-
ment would be necessary. If angels were to govern men, neither
external or internal controls on government would be neces-
sary. In framing a government which is to be administered by
men over men, the great difficulty lies in this: you must first
enable the government to control the governed; and in the next
place oblige it to control itself. A dependence on the people is,
no doubt, the primary control on the government; but experi-
ence has taught mankind the necessity of auxiliary precau-
tions."
These precautions took into account four principles: First, that
"when the dangers that might arise from the abuse are greater than
the benefits that may arise from the use, the power ought to be
withheld."12 Second, that the control of governmental authority
should not depend upon the self-restraint of the governors them-
selves, or upon "the probable virtue of our representatives,"13 but
instead "ought to have such checks and limitations as to prevent
bad men from abusing it. It ought to be granted on a supposition
that men will be bad; for it may be eventually so."14 Third, that
democracy offered as many opportunities for the corrupting influ-
ences of power as did any other system of government.I5 And fourth,
that, whatever system of government prevailed, natural law and
'I THE FEDERALIST NO. 51 (J. Madison).
l2 Remarks of George Mason, in the Virginia Convention, reported in 3 J. ELLIOT, supra
note 4, at 432.
l3 Remarks of Patrick Henry, in the Virginia Convention, reported in 3 id, at 327.
l4 Remarks of William Grayson, in the Virginia Convention, reported in 3 id, at 563.
'"'It is of great importance in a republic," noted THE FEDERALIST NO. 51 (J. Madison),
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. Different interests necessarily exist
in different classes of citizens. If a majority be united by a common interest, the rights
of the minority will be insecure.
For, as history taught,
turbulence, violence, and abuse of power, by the majority trampling on the rights of
the minority, have produced factions and commotions, which, in republics, have, more
frequently than any other cause, produced despotism.
Remarks of James Madison, in the Virginia Convention, reported in 3 J. ELLJOT, supra note .
4, at 87.