FEDERALIST No. 50

 Periodical Appeals to the People Considered

 

From the New York Packet. Tuesday, February 5, 1788.

 

MADISON

To the People of the State of New York:

IT MAY be contended, perhaps, that instead of OCCASIONAL appeals to the people, which are liable to the objections urged against them, PERIODICAL appeals are the proper and adequate means of PREVENTING AND CORRECTING INFRACTIONS OF THE CONSTITUTION.

It will be attended to, that in the examination of these expedients¹, I confine myself to their aptitude² for ENFORCING the Constitution, by keeping the several departments of power within their due bounds, without particularly considering them as provisions for ALTERING the Constitution itself. In the first view, appeals to the people at fixed³ periods appear to be nearly as ineligible⁴ as appeals on particular occasions as they emerge. If the periods be separated by short intervals⁵, the measures to be reviewed and rectified⁶ will have been of recent date, and will be connected with all the circumstances which tend to vitiate and pervert⁷ the result of occasional revisions. If the periods be distant from each other, the same remark will be applicable to all recent measures; and in proportion as the remoteness of the others may favor a dispassionate review of them, this advantage is inseparable from inconveniences which seem to counterbalance it. In the first place, a distant prospect⁸ of public censure⁹ would be a very feeble restraint on power from those excesses to which it might be urged by the force of present motives¹⁰. Is it to be imagined that a legislative¹¹ assembly, consisting of a hundred or two hundred members, eagerly bent¹² on some favorite object, and breaking through the restraints of the Constitution in pursuit of it, would be arrested in their career, by considerations drawn¹³ from a censorial¹⁴ revision of their conduct at the future distance of ten, fifteen, or twenty years? In the next place, the abuses would often have completed their mischievous¹⁵ effects before the remedial provision would be applied¹⁶. And in the last place, where this might not be the case, they would be of long standing¹⁷, would have taken deep root, and would not easily be extirpated¹⁸.

The scheme of revising the constitution, in order to correct recent breaches¹⁹ of it, as well as for other purposes, has been actually tried in one of the States. One of the objects of the Council of Censors²⁰ which met in Pennsylvania in 1783 and 1784, was, as we have seen, to inquire, "whether the constitution had been violated, and whether the legislative and executive departments had encroached upon each other." This important and novel experiment in politics merits, in several points of view, very particular attention. In some of them it may, perhaps, as a single experiment, made under circumstances somewhat peculiar²¹, be thought to be not absolutely conclusive²². But as applied to the case under consideration, it involves some facts, which I venture to remark, as a complete and satisfactory illustration of the reasoning which I have employed.

First. It appears, from the names of the gentlemen who composed the council, that some, at least, of its most active members had also been active and leading characters in the parties which pre-existed in the State.

Second. It appears that the same active and leading members of the council had been active and influential²³ members of the legislative and executive branches, within the period to be reviewed; and even patrons or opponents of the very measures to be thus brought to the test of the constitution. Two of the members had been vice-presidents of the State, and several other members of the executive council, within the seven preceding years. One of them had been speaker, and a number of others distinguished²⁴ members, of the legislative assembly within the same period.

Third. Every page of their proceedings²⁵ witnesses the effect of all these circumstances on the temper of their deliberations. Throughout the continuance of the council, it was split into two fixed and violent parties. The fact is acknowledged and lamented²⁶ by themselves. Had this not been the case, the face of their proceedings exhibits a proof equally satisfactory. In all questions, however unimportant in themselves, or unconnected with each other, the same names stand invariably contrasted on the opposite columns. Every unbiased observer may infer, without danger of mistake, and at the same time without meaning to reflect on either party, or any individuals of either party, that, unfortunately, PASSION, not REASON, must have presided over their decisions. When men exercise their reason coolly and freely on a variety of distinct questions, they inevitably²⁷ fall into different opinions on some of them. When they are governed by a common passion, their opinions, if they are so to be called, will be the same.

Fourth. It is at least problematical, whether the decisions of this body do not, in several instances, misconstrue the limits prescribed for the legislative and executive departments, instead of reducing and limiting them within their constitutional places.

Fifth. I have never understood that the decisions of the council on constitutional questions, whether rightly or erroneously formed, have had any effect in varying the practice founded on legislative constructions. It even appears, if I mistake not, that in one instance the contemporary legislature denied the constructions of the council, and actually prevailed in the contest.

This censorial body, therefore, proves at the same time, by its researches, the existence of the disease, and by its example, the inefficacy of the remedy.

This conclusion cannot be invalidated by alleging²⁸ that the State in which the experiment was made was at that crisis, and had been for a long time before, violently heated and distracted by the rage of party. Is it to be presumed, that at any future septennial epoch²⁹ the same State will be free from parties? Is it to be presumed that any other State, at the same or any other given period, will be exempt³⁰ from them? Such an event ought to be neither presumed nor desired; because an extinction³¹ of parties necessarily implies either a universal alarm for the public safety, or an absolute extinction of liberty.

Were the precaution taken of excluding from the assemblies elected by the people, to revise the preceding administration of the government, all persons who should have been concerned with the government within the given period, the difficulties would not be obviated³². The important task would probably devolve on men, who, with inferior capacities, would in other respects be little better qualified³³. Although they might not have been personally concerned in the administration, and therefore not immediately agents in the measures to be examined, they would probably have been involved in the parties connected with these measures, and have been elected under their auspices³⁴.

1 expedients   

n.应急有效的，权宜之计的( expedient的名词复数 )

参考例句：

• He is full of [fruitful in] expedients. 他办法多。 来自《现代英汉综合大词典》
• Perhaps Calonne might return too, with fresh financial expedients. 或许卡洛纳也会回来，带有新的财政机谋。 来自辞典例句

2 aptitude   

n.(学习方面的)才能，资质，天资

参考例句：

• That student has an aptitude for mathematics.那个学生有数学方面的天赋。
• As a child,he showed an aptitude for the piano.在孩提时代，他显露出对于钢琴的天赋。

3 fixed   

adj.固定的，不变的，准备好的；(计算机)固定的

参考例句：

• Have you two fixed on a date for the wedding yet?你们俩选定婚期了吗？
• Once the aim is fixed,we should not change it arbitrarily.目标一旦确定，我们就不应该随意改变。

4 ineligible   

adj.无资格的，不适当的

参考例句：

• The new rules have made thousands more people ineligible for legal aid.新规定使另外数千人不符合接受法律援助的资格。
• The country had been declared ineligible for World Bank lending.这个国家已被宣布没有资格获得世界银行的贷款。

5 intervals   

n.[军事]间隔( interval的名词复数 )；间隔时间；[数学]区间；（戏剧、电影或音乐会的）幕间休息

参考例句：

• The forecast said there would be sunny intervals and showers. 预报间晴，有阵雨。
• Meetings take place at fortnightly intervals. 每两周开一次会。

6 rectified   

[医]矫正的，调整的

参考例句：

• I am hopeful this misunderstanding will be rectified very quickly. 我相信这个误会将很快得到纠正。
• That mistake could have been rectified within 28 days. 那个错误原本可以在28天内得以纠正。

7 pervert   

n.堕落者，反常者；vt.误用，滥用；使人堕落，使入邪路

参考例句：

• Reading such silly stories will pervert your taste for good books.读这种愚昧的故事会败坏你对好书的嗜好。
• Do not pervert the idea.别歪曲那想法。

8 prospect   

n.前景，前途；景色，视野

参考例句：

• This state of things holds out a cheerful prospect.事态呈现出可喜的前景。
• The prospect became more evident.前景变得更加明朗了。

9 censure   

v./n.责备；非难；责难

参考例句：

• You must not censure him until you know the whole story.在弄清全部事实真相前不要谴责他。
• His dishonest behaviour came under severe censure.他的不诚实行为受到了严厉指责。

10 motives   

n.动机，目的( motive的名词复数 )

参考例句：

• to impeach sb's motives 怀疑某人的动机
• His motives are unclear. 他的用意不明。

11 legislative   

n.立法机构，立法权；adj.立法的，有立法权的

参考例句：

• Congress is the legislative branch of the U.S. government.国会是美国政府的立法部门。
• Today's hearing was just the first step in the legislative process.今天的听证会只是展开立法程序的第一步。

12 bent   

n.爱好，癖好；adj.弯的；决心的，一心的

参考例句：

• He was fully bent upon the project.他一心扑在这项计划上。
• We bent over backward to help them.我们尽了最大努力帮助他们。

13 drawn   

v.拖，拉，拔出；adj.憔悴的，紧张的

参考例句：

• All the characters in the story are drawn from life.故事中的所有人物都取材于生活。
• Her gaze was drawn irresistibly to the scene outside.她的目光禁不住被外面的风景所吸引。

14 censorial   

监察官的，审查员的

参考例句：

• Set censorial division, vet division, management division, division handling card, division 5 section office. 设有监察科、检审科、管理科、办证科、综合科5个科室。
• But, if PSC is censorial derelict, unreasonable, ship-owner also can maintain his interest through legal measure. 但是，假如PSC检查官玩忽职守、不讲道理，船东也可以通过法律手段维护自己的利益。

15 mischievous   

adj.调皮的，恶作剧的，有害的，伤人的

参考例句：

• He is a mischievous but lovable boy.他是一个淘气但可爱的小孩。
• A mischievous cur must be tied short.恶狗必须拴得短。

16 applied   

adj.应用的；v.应用，适用

参考例句：

• She plans to take a course in applied linguistics.她打算学习应用语言学课程。
• This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。

17 standing   

n.持续，地位；adj.永久的，不动的，直立的，不流动的

参考例句：

• After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
• They're standing out against any change in the law.他们坚决反对对法律做任何修改。

18 extirpated   

v.消灭，灭绝( extirpate的过去式和过去分词 )；根除

参考例句：

• Many species have been extirpated from large areas. 许多种动物已在大片区域内灭绝。 来自辞典例句
• The brigands have never been really extirpated from the neighborhood of Rome. 罗马附近的土匪实际上从来没有真正被消灭干净过。 来自互联网

19 breaches   

破坏( breach的名词复数 )； 破裂； 缺口； 违背

参考例句：

• He imposed heavy penalties for breaches of oath or pledges. 他对违反誓言和保证的行为给予严厉的惩罚。
• This renders all breaches of morality before marriage very uncommon. 这样一来，婚前败坏道德的事就少见了。

20 censors   

删剪（书籍、电影等中被认为犯忌、违反道德或政治上危险的内容）( censor的第三人称单数 )

参考例句：

• The censors eviscerated the book to make it inoffensive to the President. 审查员删去了该书的精华以取悦于总统。
• The censors let out not a word. 检察官一字也不发。

21 peculiar   

adj.古怪的，异常的；特殊的，特有的

参考例句：

• He walks in a peculiar fashion.他走路的样子很奇特。
• He looked at me with a very peculiar expression.他用一种很奇怪的表情看着我。

22 conclusive   

adj.最后的，结论的；确凿的，消除怀疑的

参考例句：

• They produced some fairly conclusive evidence.他们提供了一些相当确凿的证据。
• Franklin did not believe that the French tests were conclusive.富兰克林不相信这个法国人的实验是结论性的。

23 influential   

adj.有影响的，有权势的

参考例句：

• He always tries to get in with the most influential people.他总是试图巴结最有影响的人物。
• He is a very influential man in the government.他在政府中是个很有影响的人物。

24 distinguished   

adj.卓越的，杰出的，著名的

参考例句：

• Elephants are distinguished from other animals by their long noses.大象以其长长的鼻子显示出与其他动物的不同。
• A banquet was given in honor of the distinguished guests.宴会是为了向贵宾们致敬而举行的。

25 proceedings   

n.进程，过程，议程；诉讼(程序)；公报

参考例句：

• He was released on bail pending committal proceedings. 他交保获释正在候审。
• to initiate legal proceedings against sb 对某人提起诉讼

26 lamented   

adj.被哀悼的，令人遗憾的v.（为…）哀悼，痛哭，悲伤( lament的过去式和过去分词 )

参考例句：

• her late lamented husband 她那令人怀念的已故的丈夫
• We lamented over our bad luck. 我们为自己的不幸而悲伤。 来自《简明英汉词典》

27 inevitably   

adv.不可避免地；必然发生地

参考例句：

• In the way you go on,you are inevitably coming apart.照你们这样下去，毫无疑问是会散伙的。
• Technological changes will inevitably lead to unemployment.技术变革必然会导致失业。

28 alleging   

断言，宣称，辩解( allege的现在分词 )

参考例句：

• His reputation was blemished by a newspaper article alleging he'd evaded his taxes. 由于报上一篇文章声称他曾逃税，他的名誉受到损害。
• This our Peeress declined as unnecessary, alleging that her cousin Thornhill's recommendation would be sufficient. 那位贵人不肯，还说不必，只要有她老表唐希尔保荐就够了。

29 epoch   

n.(新)时代；历元

参考例句：

• The epoch of revolution creates great figures.革命时代造就伟大的人物。
• We're at the end of the historical epoch,and at the dawn of another.我们正处在一个历史时代的末期，另一个历史时代的开端。

30 exempt   

adj.免除的；v.使免除；n.免税者，被免除义务者

参考例句：

• These goods are exempt from customs duties.这些货物免征关税。
• He is exempt from punishment about this thing.关于此事对他已免于处分。

31 extinction   

n.熄灭，消亡，消灭，灭绝，绝种

参考例句：

• The plant is now in danger of extinction.这种植物现在有绝种的危险。
• The island's way of life is doomed to extinction.这个岛上的生活方式注定要消失。

32 obviated   

v.避免，消除（贫困、不方便等）( obviate的过去式和过去分词 )

参考例句：

33 qualified   

adj.合格的，有资格的，胜任的，有限制的

参考例句：

• He is qualified as a complete man of letters.他有资格当真正的文学家。
• We must note that we still lack qualified specialists.我们必须看到我们还缺乏有资质的专家。

34 auspices   

n.资助，赞助

参考例句：

• The association is under the auspices of Word Bank.这个组织是在世界银行的赞助下办的。
• The examination was held under the auspices of the government.这次考试是由政府主办的。