CHAPTER 4|Document 29
John Adams to Roger Sherman18 July 1789Works 6:429--31
In my letter of yesterday I think it was demonstrated that the English government is a republic, and that the regal negative upon the laws is essential to that republic. Because, without it, that government would not be what it is, a monarchical republic; and, consequently, could not preserve the balance of power between the executive and legislative powers, nor that other balance which is in the legislature,--between the one, the few, and the many; in which two balances the excellence of that form of government must consist.
Let us now inquire, whether the new constitution of the United States is or is not a monarchical republic, like that of Great Britain. The monarchical and the aristocratical power in our constitution, it is true, are not hereditary; but this makes no difference in the nature of the power, in the nature of the balance, or in the name of the species of government. It would make no difference in the power of a judge or justice, or general or admiral, whether his commission were for life or years. His authority during the time it lasted, would be the same whether it were for one year or twenty, or for life, or descendible to his eldest son. The people, the nation, in whom all power resides originally, may delegate their power for one year or for ten years; for years, or for life; or may delegate it in fee simple or fee tail, if I may so express myself; or during good behavior, or at will, or till further orders.
A nation might unanimously create a dictator or a despot, for one year or more, or for life, or for perpetuity with hereditary descent. In such a case, the dictator for one year would as really be a dictator for the time his power lasted, as the other would be whose power was perpetual and descendible. A nation in the same manner might create a simple monarchy for years, life, or perpetuity, and in either case the creature would be equally a simple monarch during the continuance of his power. So the people of England might create king, lords, and commons, for a year, or for several years, or for life, and in any of these cases, their government would be a monarchical republic, or, if you will, a limited monarchy, during its continuance, as much as it is now, when the king and nobles are hereditary. They might make their house of commons hereditary too. What the consequence of this would be it is easy to foresee; but it would not in the first moment make any change in the legal power, nor in the name of the government.
Let us now consider what our constitution is, and see whether any other name can with propriety be given it, than that of a monarchical republic, or if you will, a limited monarchy. The duration of our president is neither perpetual nor for life; it is only for four years; but his power during those four years is much greater than that of an avoyer, a consul, a podestà, a doge, a stadtholder; nay, than a king of Poland; nay, than a king of Sparta. I know of no first magistrate in any republican government, excepting England and Neuchatel, who possesses a constitutional dignity, authority, and power comparable to his. The power of sending and receiving ambassadors, of raising and commanding armies and navies, of nominating and appointing and commissioning all officers, of managing the treasures, the internal and external affairs of the nation; nay, the whole executive power, coextensive with the legislative power, is vested in him, and he has the right, and his is the duty, to take care that the laws be faithfully executed. These rights and duties, these prerogatives and dignities, are so transcendent that they must naturally and necessarily excite in the nation all the jealousy, envy, fears, apprehensions, and opposition, that are so constantly observed in England against the crown.
That these powers are necessary, I readily admit. That the laws cannot be executed without them; that the lives, liberties, properties and characters of the citizens cannot be secure without their protection, is most clear. But it is equally certain, I think, they they ought to have been still greater, or much less. The limitations upon them in the cases of war, treaties, and appointments to office, and especially the limitation on the president's independence as a branch of the legislative, will be the destruction of this constitution, and involve us in anarchy, if not amended. I shall pass over all particulars for the present, except the last; because that is now the point in dispute between you and me. Longitude, and the philosopher's stone, have not been sought with more earnestness by philosophers than a guardian of the laws has been studied by legislators from Plato to Montesquieu; but every project has been found to be no better than committing the lamb to the custody of the wolf, except that one which is called a balance of power. A simple sovereignty in one, a few, or many, has no balance, and therefore no laws. A divided sovereignty without a balance, or in other words, where the division is unequal, is always at war, and consequently has no laws. In our constitution the sovereignty,--that is, the legislative power,--is divided into three branches. The house and senate are equal, but the third branch, though essential, is not equal. The president must pass judgment upon every law; but in some cases his judgment may be overruled. These cases will be such as attack his constitutional power; it is, therefore, certain he has not equal power to defend himself, or the constitution, or the judicial power, as the senate and house have.
Power naturally grows. Why? Because human passions are insatiable. But that power alone can grow which already is too great; that which is unchecked; that which has no equal power to control it. The legislative power, in our constitution, is greater than the executive; it will, therefore, encroach, because both aristocratical and democratical passions are insatiable. The legislative power will increase, the executive will diminish. In the legislature, the monarchical power is not equal either to the aristocratical or democratical; it will, therefore, decrease, while the other will increase. Indeed, I think the aristocratical power is greater than either the monarchical or democratical. That will, therefore, swallow up the other two.
The Works of John Adams. Edited by Charles Francis Adams. 10 vols. Boston: Little, Brown & Co., 1850--56. See also: Butterfield; Cappon; Warren-Adams Letters
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