A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
Buchanan, James, 1791-1868; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
I presume the general proposition is undeniable that Congress does not
possess the power to appropriate money in the Treasury, raised by taxes
on the people of the United States, for the purpose of educating the
people of the respective States. It will not be pretended that any such
power is to be found among the specific powers granted to Congress nor
that "it is necessary and proper for carrying into execution" any one of
these powers. Should Congress exercise such a power, this would be to
break down the barriers which have been so carefully constructed in the
Constitution to separate Federal from State authority. We should then
not only "lay and collect taxes, duties, imposts, and excises" for
Federal purposes, but for every State purpose which Congress might deem
expedient or useful. This would be an actual consolidation of the
Federal and State Governments so far as the great taxing and money power
is concerned, and constitute a sort of partnership between the two in
the Treasury of the United States, equally ruinous to both.
But it is contended that the public lands are placed upon a different
footing from money raised by taxation and that the proceeds arising from
their sale are not subject to the limitations of the Constitution, but
may be appropriated or given away by Congress, at its own discretion,
to States, corporations, or individuals for any purpose they may deem
expedient.
The advocates of this bill attempt to sustain their position upon the
language of the second clause of the third section of the fourth article
of the Constitution, which declares that "the Congress shall have power
to dispose of and make all needful rules and regulations respecting
the territory or other property belonging to the United States." They
contend that by a fair interpretation of the words "dispose of" in this
clause Congress possesses the power to make this gift of public lands
to the States for purposes of education.
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