Utah v. Evans, 536 U.S. 452, 51 (2002)

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502

UTAH v. EVANS

Opinion of Thomas, J.

at this time, how can we expect to find one that will be just in all times to come." Id., at 104. Edmund Randolph, on the other hand, noted that if dangers suggested by Gouverneor Morris were "real, of advantage being taken of the Legislature in pressing moments, it was an additional reason, for tying their hands in such a manner that they could not sacrifice their trust to momentary considerations." Id., at 103.

During debate of a proposal "to take a periodical census," George Mason noted that he "did not object to the conjectural ratio which was to prevail in the outset" for apportionment, prior to the census, but "considered a Revision from time to time according to some permanent & precise standard as essential to . . . fair representation." Id., at 102-103. "From the nature of man," Mason observed, "we may be sure, that those who have power in their hands will not give it up while they can retain it. On the Contrary we know they will always when they can rather increase it." Id., at 103.

Some who initially believed that the Congress should have discretion changed their minds after listening to the arguments by Randolph, Mason, and others. Roger Sherman, for example, "was at first for leaving the matter wholly to the discretion of the Legislature; but he had been convinced by the observations of (Mr. Randolph & Mr. Mason) that the periods & the rule of revising the Representation ought to be fixt by the Constitution." Id., at 104. Nathaniel Ghorum perceptively noted that "[i]f the Convention who are comparatively so little biassed by local views are so much perplexed, How can it be expected that the Legislature hereafter under the full biass of those views, will be able to settle a standard." Ibid. On the other hand, Reid continued to believe that "the Legislature ought not to be too much shackled." Ibid. He also thought that "[it] would make the Constitution like Religious Creeds, embarrassing to those bound to conform to them & more likely to produce dissatisfaction and Scism, than harmony and union." Ibid.

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