Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/46

 38 § 558. Such is an outline of the general reasoning, by which the system of a separation of the legislative power into two branches has been maintained. Experience has shown, that if in all cases it has not been found a complete check to inconsiderate or unconstitutional legislation; yet, that it has, upon many occasions, been found sufficient for the purpose. There is not probably at this moment a single state in the Union, which would consent to unite the two branches into one assembly; though there have not been wanting at all times minds of a high order, which have been led by enthusiasm, or a love of simplicity, or a devotion to theory, to vindicate such a union with arguments, striking and plausible, if not convincing.

§ 559. In the convention, which formed the constitution, upon the resolution moved, "that the national legislature ought to consist of two branches," all the states present, except Pennsylvania, voted in the affirmative. At a subsequent period, however, seven only, of eleven states present, voted in the affirmative; three in the negative, and one was divided. But, although in the convention this diversity of opinion appears, it seems probable, that ultimately, when a national government was decided on, which should exert great controlling authority over the states, all opposition was withdrawn, as the existence of two branches furnished a greater security to the lesser states. It does not appear, that this division of the legislative