The power to declare war, including the power of judging the causes of war, is fully and exclusively vested in the legislature.
The management of foreign relations appears to be the most susceptible of abuse of all the trusts committed to a Government, because they can be concealed or disclosed, or disclosed in such parts and at such times as will best suit particular views; and because the body of the people are less capable of judging, and are more under the influence of prejudices, on that branch of their affairs, than of any other. Perhaps it is a universal truth that the loss of liberty at home is to be charged to provisions against danger, real or pretended, from abroad.
No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment.
No man is allowed to be a judge in his own cause; because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity. With equal, nay with greater reason, a body of men are unfit to be both judges and parties at the same time.
In order to judge of the form to be given to this institution the Senate, it will be proper to take a view of the ends to be served by it. These were,first, to protect the people against their rulers, secondly, to protect the people against the transient impressions into which they themselves might be led.
Those who are to conduct a war cannot in the nature of things, be proper or safe judges, whether a war ought to be commenced, continued, or concluded.
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