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CHAPTER XIII
THE JUDICIARY
Member of another Balancing Triplet-Its Appointment-Little
Use Made of the Judicial Negative in support of the Consti-
tution (Propriety of its having the Trial of Impeachments,
as a Judicial Matter, separate from the Legislative; of little
importance where Terms are Short—In general, Neglected, as
also the Minor Guards of Liberty-Yet its Balancing the
most Important, rendering the others Superfluous)
CHAPTER XIV
NEGLECT OF THE CONSTITUTION
In treating Unicameral as Simple Governments-Ours not
such, nor his Writings avowedly confined to Turgot's System
-This carried out in our Conventional System-The Neglect
again in the Argument for the Executive Veto-Our Execu-
tive Authority, guarded by the Constitution, binding upon
the Judiciary—Oversight of the Judicial Power, and Belief in
Encroaching Tendencies-Disregard of the Difference between
our System, of Supreme People and Limited Government,
with Co-ordinate Departments, and the English System, of
Supreme Legislative, to which the Judiciary is subordinate
and the People subject-The Whigs and the Tories-Their
Agreement on the Supremacy of Parliament-This the Legal
Principle in England still-Whig Admissions relegated to the
background-Their Doctrine of Perpetual Contract-The
Revolutionary Doctrines, of Kings by Commission-The
Radicals-The American so-called Whigs-Their Originality
in Doctrine and in Practice-Imperfect Precedents—Amend-
able Constitutions-Adams's Adoption of English Whiggism,
and Failure to see the American Improvement
169
. 181
III. SOURCES AND ORIGINALITY OF ADAMS'S
DOCTRINES
CHAPTER XV
CONTEMPORARY EXPOSITORS OF THE ENGLISH CONSTITUTION
AND UNNOTICED CHANGES
Originality Disclaimed; Contentment with the English Constitu- tion and the American Imitations; Regret that these are
not Closer; Laudation of the English-Expounders of the
English Theory:-Bolingbroke, Blackstone, De Lolme-
(De Lolme's Failure to Understand Recent Innovations)—
Their Misconceptions retained, though cleared up by
Others: Stewart, Bentham, Mackintosh, etc.-Later In-
terpretations by Mill, Bagehot, etc.-Favored by French
Experience
CHAPTER XVI
EARLIER SPECULATIVE AUTHORITIES AND ADAMS's
DEVELOPMENT
Theorizers: Harrington, Swift-Comparison with Harrington
(Mistake of confounding Democracy with Ochlocracy, and
overlooking the Distribution of Land)—Originality, in Ex-
treme Systematization-The English Governmental System
preferred, no objection to the English Social (System-Abrupt
change from the early Democraticalness to desire for In-
equality and Checks
IV. ATTITUDE TOWARD THE AMERICAN
GOVERNMENTS
CHAPTER XVII
CRITICISM OF THE FEDERAL CONSTITUTION
Purpose of his Writings; Contentment with the Confederation;
Acceptance of the Federal Constitution-Criticism of this:
for its Composite Character; for its excessive Aristocracy,
demanding immediate Amendment; and for another evil
CHAPTER XVIII
HIS MONARCHISM
Fear of Elections for the Executive Chiefs and for Senators, and
Suggestions of future Amendments, in both the National
and State Governments, introducing Hereditary Features;
(Baselessness of his Argument)-His Monarchism-Dis-
avowal-Wonder it did not hinder his Election to the
Presidency-His Frankness contrasted with the Secrecy of
other Monarchical Federalists, notably Hamilton
227
244
262
272
THE THIRD PERIOD
CHAPTER XIX
RECONCILEMENT WITH REPUBLICANISM
Acquiescence in the Success of the American Experiment, and
Willingness to discard all Hereditary Features—But keeps
up appearances with Theoretical Phrases-Contrast with
Fisher Ames
CHAPTER XX
290
HIS TYPICAL SCHEME OF GOVERNMENT
The Two Classes; whether to be kept Distinct; the Upper Ones
Plutocratic, the Executive Representative of Both-Dura-
tion of Offices—(Objections to the Negative—Unworkable-
ness of the Balance).
SUBSEQUENT HISTORY OF THE THEORY
CHAPTER XXI
297
SIMILAR VIEWS SINCE HELD BY OTHERS
Abroad, by Fox-At home, by other Federalists-Hamilton,
Morris, and others in the Conventions—Opposed by Frank-
lin and others-Entertained and rejected by Jefferson;
reversely by Madison-Opinions of Members in the New
York Convention, of Noah Webster, and others, without
mention of Adams
CHAPTER XXII
304
COMPARISON WITH CALHOUN
Resemblances-Differences-Nullification, and Dual Executive 322
CHAPTER XXIII
THE GENERAL ARGUMENT FOR BICAMERALISM
Adams's main and minor Reasons-Trifling Attitude still main-
tained-Division of the Arguments-Vitiated by Neglect of
Constitution-Second Chamber not the only Preventive of
Excesses, a Constitution being another; nor of Hasty Legis-
lation, a Council being another-Inexact Appeal to Ex-
perience- The English System not Unicameralism Proper
-Need of Experiments
CHAPTER XXIV
328
TENDENCY OF THE UNITED STATES SENATE, AND
SUGGESTIONS
The United States Senate ostensibly for a Compromise, really to
check Democracy-Now Beginning to serve this Purpose;
Less so the State Senates-The Upper Chamber should be
Made Over into a Council-The Nature of the Council, and
its Transformations; also in America-Need of Reducing the
Senate's Legislative Powers-As a Council, it would Mediate
between the Three Departments, partaking of Each-Reor-
ganization of its Composition-Likewise in the States-
Sesquicameralism has the Good without the Evil of Bicam-
eralism-Correct View of Government.
348
THE POLITICAL SCIENCE OF JOHN ADAMS