Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/234

 226 or house of representatives, corruptly pass any law, or violate the constitution, where is the remedy? Suppose the house of representatives carry into effect and appropriate money corruptly in aid of such a corrupt treaty, where is the remedy? Why might it not be as well urged, that the house of representatives ought not to be entrusted with the power of impeachment, because they might corruptly concur with the executive in an injurious or unconstitutional measure? or might corruptly aid the executive in negotiating a treaty by public resolves, or secret instructions? The truth is, that all arguments of this sort, which suppose a combination of the public functionaries to destroy the liberty of the people, and the powers of the government, are so extravagant, that they go to the overthrow of all delegated power; or they are so rare, and remote in practice, that they ought not to enter, as elements, into any structure of a free government. The constitution supposes, that men may be trusted with power under reasonable guards. It presumes, that the senate and the executive will no more conspire to overthrow the government, than the house of representatives. It supposes the best pledges for fidelity to be in the character of the individuals, and in the collective wisdom of the people in the choice of agents. It does not in decency presume, that the two thirds of the senate, representing the states, will corruptly unite with the executive, or abuse their power. Neither does it suppose, that a majority of the house of representatives will corruptly refuse to impeach, or corruptly pass a law.

§ 754. But passing by, for the present, this general reasoning on the objections stated, let us see, if any