large/475/federalist_papers_librivox_64kb_mp3/federalist-papers_40_64kb_4
large/475/federalist_papers_librivox_64kb_mp3/federalist-papers_40_64kb
English
475
Those who maintain the affirmative ought at least to mark the boundary between authorized and usurped innovations; between that degree of change which lies within the compass of ALTERATIONS AND FURTHER PROVISIONS, and that which amounts to a TRANSMUTATION of the government. THOSE WHO MAINTAIN THE AFFIRMATIVE OUGHT AT LEAST TO MARK THE BOUNDARY BETWEEN AUTHORIZED AND USURPED INNOVATIONS BETWEEN THAT DEGREE OF CHANGE WHICH LIES WITHIN THE COMPASS OF ALTERATIONS AND FURTHER PROVISIONS AND THAT WHICH AMOUNTS TO A TRANSMUTATION OF THE GOVERNMENT
introduced as the means; or whether the establishment of a government, adequate to the national happiness, was the end at which these articles themselves originally aimed, and to which they ought, as insufficient means, to have been sacrificed. But is it necessary to suppose that these expressions are absolutely irreconcilable to each other; that no ALTERATIONS or PROVISIONS in the articles of the confederation could possibly mould them into a national and adequate government; into such a government as has been proposed by the convention? No stress, it is presumed, will, in this case, be laid on the TITLE; a change of that could never be deemed an exercise of ungranted power. ALTERATIONS in the body of the instrument are expressly authorized. NEW PROVISIONS therein are also expressly authorized. Here then is a power to change the title; to insert new articles; to alter old ones. Must it of necessity be admitted that this power is infringed, so long as a part of the old articles remain? E GOVERNMENT WAS TO BE INTRODUCED AS THE MEANS OR WHETHER THE ESTABLISHMENT OF A GOVERNMENT ADEQUATE TO THE NATIONAL HAPPINESS WAS THE END AT WHICH THESE ARTICLES THEMSELVES ORIGINALLY AIMED AND TO WHICH THEY OUGHT AS INSUFFICIENT MEANS TO HAVE BEEN SACRIFICED BUT IS IT NECESSARY TO SUPPOSE THAT THESE EXPRESSIONS ARE ABSOLUTELY IRRECONCILABLE TO EACH OTHER THAT NO ALTERATIONS OR PROVISIONS IN THE ARTICLES OF THE CONFEDERATION COULD POSSIBLY MOULD THEM INTO A NATIONAL AND ADEQUATE GOVERNMENT INTO SUCH A GOVERNMENT AS HAS BEEN PROPOSED BY THE CONVENTION NO STRESS IT IS PRESUMED WILL IN THIS CASE BE LAID ON THE TITLE A CHANGE OF THAT COULD NEVER BE DEEMED AN EXERCISE OF UNGRANTED POWER ALTERATIONS IN THE BODY OF THE INSTRUMENT ARE EXPRESSLY AUTHORIZED NEW PROVISIONS THEREIN ARE ALSO EXPRESSLY AUTHORIZED HERE THEN IS A POWER TO CHANGE THE TITLE TO INSERT NEW ARTICLES TO ALTER OLD ONES MUST IT OF NECESSITY BE ADMITTED THAT THIS POWER IS INFRINGED SO LONG AS A PART OF THE OLD ARTICLES REMAIN
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