onstitution as finally adopted
was a modification], are very remote from the idea of the people.
Perhaps the Jersey plan is nearest their expectation. But the people are
gradually ripening in their opinions of government--they begin to be
tired of an excess of democracy...."[43]
"The Federal government was not by intention a democratic government. In
plan and structure it had been meant to check the sweep and power of
popular majorities. The Senate, it was believed, would be a stronghold
of conservatism, if not of aristocracy and wealth. The President, it was
expected, would be the choice of representative men acting in the
electoral college, and not of the people. The Federal judiciary was
looked to, with its virtually permanent membership, to hold the entire
structure of national politics in nice balance against all disturbing
influences, whether of popular impulse or of official overbearance. Only
in the House of Representatives were the people to be accorded an
immediate audience and a direct means of making their will effective in
affairs. The government had, in fact, been originated and organized upon
the initiative and primarily in the interest of the mercantile and
wealthy classes. Originally conceived as an effort to accommodate
commercial disputes between the States, it had been urged to adoption by
a minority, under the concerted and aggressive leadership of able men
representing a ruling class. The Federalists not only had on their side
the power of convincing argument, but also the pressure of a strong and
intelligent class, possessed of unity and informed by a conscious
solidarity of material interests."[44]
The Constitution would certainly have been rejected, notwithstanding the
influences that were arrayed in favor of its adoption, but for the
belief that it would shortly be amended so as to remove some of its more
objectionable features. In the large and influential states of
Massachusetts, New York, and Virginia it was ratified by very small
majorities,[45] though each of these states accompanied its acceptance
of the Constitution with various recommendations for amendment. As a
result of these suggestions from the states ratifying it, the first
Congress in 1789 framed and submitted the first ten amendments. The
eleventh amendment was the outgrowth of the Supreme Court decision in
the case of Chisholm v. The State of Georgia. In this case the court
held, contrary to the interpretation given to the C
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