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Federalist No. 52
The House of Representatives
From the New York Packet.
Friday, February 8, 1788.
Author: Alexander Hamilton or James Madison
To the People of the State of New York:
FROM the more general inquiries pursued in the four last papers,
I pass on to a more particular examination of the several parts
of the government. I shall begin with the House of Representatives.
The first view to be taken of this part of the government relates
to the qualifications of the electors and the elected. Those
of the former are to be the same with those of the electors of
the most numerous branch of the State legislatures.
The definition of the right of suffrage is very justly regarded
as a fundamental article of republican government. It was incumbent
on the convention, therefore, to define and establish this right
in the Constitution. To have left it open for the occasional
regulation of the Congress, would have been improper for the
reason just mentioned. To have submitted it to the legislative
discretion of the States, would have been improper for the same
reason; and for the additional reason that it would have rendered
too dependent on the State governments that branch of the federal
government which ought to be dependent on the people alone. To
have reduced the different qualifications in the different States
to one uniform rule, would probably have been as dissatisfactory
to some of the States as it would have been difficult to the
convention. The provision made by the convention appears, therefore,
to be the best that lay within their option.
It must be satisfactory to every State, because it is conformable
to the standard already established, or which may be established,
by the State itself. It will be safe to the United States, because,
being fixed by the State constitutions, it is not alterable by
the State governments, and it cannot be feared that the people
of the States will alter this part of their constitutions in
such a manner as to abridge the rights secured to them by the
federal Constitution. The qualifications of the elected, being
less carefully and properly defined by the State constitutions,
and being at the same time more susceptible of uniformity, have
been very properly considered and regulated by the convention.
A representative of the United States must be of the age of twenty-five
years; must have been seven years a citizen of the United States;
must, at the time of his election, be an inhabitant of the State
he is to represent; and, during the time of his service, must
be in no office under the United States. Under these reasonable
limitations, the door of this part of the federal government
is open to merit of every description, whether native or adoptive,
whether young or old, and without regard to poverty or wealth,
or to any particular profession of religious faith. The term
for which the representatives are to be elected falls under a
second view which may be taken of this branch. In order to decide
on the propriety of this article, two questions must be considered:
first, whether biennial elections will, in this case, be safe;
secondly, whether they be necessary or useful. First. As it is
essential to liberty that the government in general should have
a common interest with the people, so it is particularly essential
that the branch of it under consideration should have an immediate
dependence on, and an intimate sympathy with, the people. Frequent
elections are unquestionably the only policy by which this dependence
and sympathy can be effectually secured. But what particular
degree of frequency may be absolutely necessary for the purpose,
does not appear to be susceptible of any precise calculation,
and must depend on a variety of circumstances with which it may
be connected. Let us consult experience, the guide that ought
always to be followed whenever it can be found. The scheme of
representation, as a substitute for a meeting of the citizens
in person, being at most but very imperfectly known to ancient
polity, it is in more modern times only that we are to expect
instructive examples. And even here, in order to avoid a research
too vague and diffusive, it will be proper to confine ourselves
to the few examples which are best known, and which bear the
greatest analogy to our particular case. The first to which this
character ought to be applied, is the House of Commons in Great
Britain. The history of this branch of the English Constitution,
anterior to the date of Magna Charta, is too obscure to yield
instruction. The very existence of it has been made a question
among political antiquaries. The earliest records of subsequent
date prove that parliaments were to SIT only every year; not
that they were to be ELECTED every year. And even these annual
sessions were left so much at the discretion of the monarch,
that, under various pretexts, very long and dangerous intermissions
were often contrived by royal ambition. To remedy this grievance,
it was provided by a statute in the reign of Charles II. , that
the intermissions should not be protracted beyond a period of
three years. On the accession of William III. , when a revolution
took place in the government, the subject was still more seriously
resumed, and it was declared to be among the fundamental rights
of the people that parliaments ought to be held FREQUENTLY. By
another statute, which passed a few years later in the same reign,
the term ``frequently,'' which had alluded to the triennial period
settled in the time of Charles II. , is reduced to a precise
meaning, it being expressly enacted that a new parliament shall
be called within three years after the termination of the former.
The last change, from three to seven years, is well known to
have been introduced pretty early in the present century, under
on alarm for the Hanoverian succession. From these facts it appears
that the greatest frequency of elections which has been deemed
necessary in that kingdom, for binding the representatives to
their constituents, does not exceed a triennial return of them.
And if we may argue from the degree of liberty retained even
under septennial elections, and all the other vicious ingredients
in the parliamentary constitution, we cannot doubt that a reduction
of the period from seven to three years, with the other necessary
reforms, would so far extend the influence of the people over
their representatives as to satisfy us that biennial elections,
under the federal system, cannot possibly be dangerous to the
requisite dependence of the House of Representatives on their
constituents. Elections in Ireland, till of late, were regulated
entirely by the discretion of the crown, and were seldom repeated,
except on the accession of a new prince, or some other contingent
event. The parliament which commenced with George II. was continued
throughout his whole reign, a period of about thirty-five years.
The only dependence of the representatives on the people consisted
in the right of the latter to supply occasional vacancies by
the election of new members, and in the chance of some event
which might produce a general new election.
The ability also of the Irish parliament to maintain the rights
of their constituents, so far as the disposition might exist,
was extremely shackled by the control of the crown over the subjects
of their deliberation. Of late these shackles, if I mistake not,
have been broken; and octennial parliaments have besides been
established. What effect may be produced by this partial reform,
must be left to further experience. The example of Ireland, from
this view of it, can throw but little light on the subject. As
far as we can draw any conclusion from it, it must be that if
the people of that country have been able under all these disadvantages
to retain any liberty whatever, the advantage of biennial elections
would secure to them every degree of liberty, which might depend
on a due connection between their representatives and themselves.
Let us bring our inquiries nearer home. The example of these
States, when British colonies, claims particular attention, at
the same time that it is so well known as to require little to
be said on it. The principle of representation, in one branch
of the legislature at least, was established in all of them.
But the periods of election were different. They varied from
one to seven years. Have we any reason to infer, from the spirit
and conduct of the representatives of the people, prior to the
Revolution, that biennial elections would have been dangerous
to the public liberties? The spirit which everywhere displayed
itself at the commencement of the struggle, and which vanquished
the obstacles to independence, is the best of proofs that a sufficient
portion of liberty had been everywhere enjoyed to inspire both
a sense of its worth and a zeal for its proper enlargement This
remark holds good, as well with regard to the then colonies whose
elections were least frequent, as to those whose elections were
most frequent Virginia was the colony which stood first in resisting
the parliamentary usurpations of Great Britain; it was the first
also in espousing, by public act, the resolution of independence.
In Virginia, nevertheless, if I have not been misinformed,
elections under the former government were septennial. This particular
example is brought into view, not as a proof of any peculiar
merit, for the priority in those instances was probably accidental;
and still less of any advantage in SEPTENNIAL elections, for
when compared with a greater frequency they are inadmissible;
but merely as a proof, and I conceive it to be a very substantial
proof, that the liberties of the people can be in no danger from
BIENNIAL elections. The conclusion resulting from these examples
will be not a little strengthened by recollecting three circumstances.
The first is, that the federal legislature will possess a part
only of that supreme legislative authority which is vested completely
in the British Parliament; and which, with a few exceptions,
was exercised by the colonial assemblies and the Irish legislature.
It is a received and well-founded maxim, that where no other
circumstances affect the case, the greater the power is, the
shorter ought to be its duration; and, conversely, the smaller
the power, the more safely may its duration be protracted. In
the second place, it has, on another occasion, been shown that
the federal legislature will not only be restrained by its dependence
on its people, as other legislative bodies are, but that it will
be, moreover, watched and controlled by the several collateral
legislatures, which other legislative bodies are not. And in
the third place, no comparison can be made between the means
that will be possessed by the more permanent branches of the
federal government for seducing, if they should be disposed to
seduce, the House of Representatives from their duty to the people,
and the means of influence over the popular branch possessed
by the other branches of the government above cited. With less
power, therefore, to abuse, the federal representatives can be
less tempted on one side, and will be doubly watched on the other.
PUBLIUS.
Federalist No. 53 -->
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