A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
History
A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
Jackson, Andrew, 1767-1845; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
If our power over means is so absolute that the Supreme Court will not
call in question the constitutionality of an act of Congress the subject
of which "is not prohibited, and is really calculated to effect any of
the objects intrusted to the Government," although, as in the case
before me, it takes away powers expressly granted to Congress and rights
scrupulously reserved to the States, it becomes us to proceed in our
legislation with the utmost caution. Though not directly, our own powers
and the rights of the States may be indirectly legislated away in the
use of means to execute substantive powers. We may not enact that
Congress shall not have the power of exclusive legislation over the
District of Columbia, but we may pledge the faith of the United States
that as a means of executing other powers it shall not be exercised for
twenty years or forever. We may not pass an act prohibiting the States
to tax the banking business carried on within their limits, but we may,
as a means of executing our powers over other objects, place that
business in the hands of our agents and then declare it exempt from
State taxation in their hands. Thus may our own powers and the rights of
the States, which we can not directly curtail or invade, be frittered
away and extinguished in the use of means employed by us to execute
other powers. That a bank of the United States, competent to all the
duties which may be required by the Government, might be so organized as
not to infringe on our own delegated powers or the reserved rights of
the States I do not entertain a doubt. Had the Executive been called
upon to furnish the project of such an institution, the duty would have
been cheerfully performed. In the absence of such a call it was
obviously proper that he should confine himself to pointing out those
prominent features in the act; presented which in his opinion make it
incompatible with the Constitution and sound policy. A general
discussion will now take place, eliciting new light and settling
important principles; and a new Congress, elected in the midst of such
discussion, and furnishing an equal representation of the people
according to the last census, will bear to the Capitol the verdict of
public opinion, and, I doubt not, bring this important question to a
satisfactory result.
Under such circumstances the bank comes forward and asks a renewal of
its charter for a term of fifteen years upon conditions which not only
operate as a gratuity to the stockholders of many millions of dollars,
but will sanction any abuses and legalize any encroachments.
Public-domain text, read in full here on John Shaqi.
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