A Foot in Every Branch - Brutus XVI
In Brutus XVI the Anti-Federalist author criticizes the powers of the Senate in the US Constitution.
Brutus XVI
April 10, 1788
In Brutus XVI the Anti-Federalist author (probably Robert Yates) reviews the powers given to the Senate under the Constitution.
He acknowledges that the ultimate power in a republic should lie with the people and that, in this system, the way that is executed for the Judicial System is through impeachment in the Senate.
He then goes on to criticize the organization of that Branch of Government.
Senators for Life
Brutus considers six years to be too long a term for Senators.
He claims that this amount of time will leave these Delegates away from their home for too long, taking away their intimacy with the desires of the very people they represent.
Additionally, the Senators will become accustomed to their position and losing their seat will be an embarrassment. Therefore, the writer predicts, they will use their considerable power and resources to maintain their positions indefinitely.
Untouchable
Brutus then discusses a State’s inability to recall a Senator at will.
Remember that Brutus wrote at a time when Senators were appointed by the State Legislatures (they would not be elected until the 20th century). Why then, he asks, would a State have the power to choose a Senator but not fire them?
Brutus specifies, “It seems an evident dictate of reason, that when a person authorises another to do a piece of business for him, he should retain the power to displace him…”
A Foot In Every Branch
Essay XVI goes on to complain that, while everyone agrees a balance of power is necessary, the Senate has its hand in every branch.
They are part of the Legislature, and though the House of Representatives creates bills, the Senate will obviously have a hand in writing them.
They are part of the Executive because of the abilities to appoint diplomats and participate in treaties.
They are part of the Judicial because they are the court of impeachment.
This, for Brutus, puts way too much power in the hands of a body with very little oversight.
A Sudden Ending
Interestingly, the last sentence of this article is open ended, saying, “This power in the senate is very improperly lodged for a number of reasons. These shall be detailed in a future number.”
But there was no future number.
This is how the Essays of Brutus end.
Obviously, Brutus intended on submitting more letters to the public.
Unfortunately, we can only speculate as to why the author (again, probably Robert Yates) decided to stop arguing against ratification of the Constitution.
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