This is more particularly the case in relation to that part of the
instrument which treats of the legislative branch, and not only as
regards the exercise of powers claimed under a general clause giving
that body the authority to pass all laws necessary to carry into effect
the specified powers, but in relation to the latter also. It is,
however, consolatory to reflect that most of the instances of alleged
departure from the letter or spirit of the Constitution have ultimately
received the sanction of a majority of the people. And the fact that
many of our statesmen most distinguished for talent and patriotism have
been at one time or other of their political career on both sides of
each of the most warmly disputed questions forces upon us the inference
that the errors, if errors there were, are attributable to the intrinsic
difficulty in many instances of ascertaining the intentions of the
framers of the Constitution rather than the influence of any sinister or
unpatriotic motive. But the great danger to our institutions does not
appear to me to be in a usurpation by the Government of power not
granted by the people, but by the accumulation in one of the departments
of that which was assigned to others. Limited as are the powers which
have been granted, still enough have been granted to constitute a
despotism if concentrated in one of the departments. This danger is
greatly heightened, as it has been always observable that men are less
jealous of encroachments of one department upon another than upon their
own reserved rights.
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