Friday, April 30, 2010

Congressional Reform, Part Three

"In legal construction, the sense of the people of England is to be collected from the House of Commons; and, though I do not deny the possibility of an abuse of this trust as well as any other, yet I think, without the most weighty reasons, and in the most urgent exigencies, it is highly dangerous to suppose that the House speaks any thing contrary to the sense of the people, or that the representative is silent when the sense of the constituent strongly, decidedly, and upon long deliberation, speaks audibly upon any topic of moment. If there is a doubt whether the House of Commons represents perfectly the whole Commons of Great Britain, (I think there is none) there can be no question but that Lords and the Commons represent the sense of the whole people to the Crown, and to the world. Thus it is, when we speak legally and constitutionally. In a great measure, it is equally true, when we speak prudentially, but I do not pretend to assert, that there are no other principles to guide discretion than those which are or can be fixed by some law, or some constitution; yet before the legally presumed sense of the people should be superseded by a supposition of one more real (as in all cases, where a legal presumption is to be ascertained) some strong proofs ought to exist of a contrary disposition in the people at large, and some decisive indications of their desire upon this subject."
Edmund Burke
Letters on a Regicide Peace p236-37.

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