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The Federalist Papers

Alexander Hamilton; John Jay; James Madison · 1787-10-1788-08 primary

passage 242 of 360 · (224/342)

in brief
Hamilton notes critics sometimes suggest adding a rule that elections must occur where electors reside, but he argues this would not materially prevent abuse and therefore the examined congressional election power is guiltless if liberty is harmed by rulers.

To the People of the State of New York:

The more candid opposers of the provision respecting elections, contained in the plan of the convention, when pressed in argument, will sometimes concede the propriety of that provision; with this qualification, however, that it ought to have been accompanied with a declaration, that all elections should be had in the counties where the electors resided. This, say they, was a necessary precaution against an abuse of the power. A declaration of this nature would certainly have been harmless; so far as it would have had the effect of quieting apprehensions, it might not have been undesirable. But it would, in fact, have afforded little or no additional security against the danger apprehended; and the want of it will never be considered, by an impartial and judicious examiner, as a serious, still less as an insuperable, objection to the plan. The different views taken of the subject in the two preceding papers must be sufficient to satisfy all dispassionate and discerning men, that if the public liberty should ever be the victim of the ambition of the national rulers, the power under examination, at least, will be guiltless of the sacrifice.

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topics: custom and unwritten law · elections and representation · equity, mercy, and pardon

The Federalist Papers · Alexander Hamilton; John Jay; James Madison · 1787–1788