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
It was formed by the States; that is, by the people in each of
the States acting in their highest sovereign capacity, and formed,
consequently, by the same authority which formed the State
constitutions. ... Nor is the Government of the United States,
created by the Constitution, less a government, in the strict sense
of the term, within the sphere of its powers than the governments
created by the constitutions of the States are within their several
spheres. It is, like them, organized into legislative, executive,
and judiciary departments. It operates, like them, directly on
persons and things, and, like them, it has at command a physical
force for executing the powers committed to it.
It was intended to be perpetual, and not to be annulled at the pleasure
of any one of the contracting parties. The old Articles of Confederation
were entitled "Articles of Confederation and Perpetual Union between the
States," and by the thirteenth article it is expressly declared that
"the articles of this Confederation shall be inviolably observed by
every State, and the Union shall be perpetual." The preamble to the
Constitution of the United States, having express reference to the
Articles of Confederation, recites that it was established "in order
to form a more perfect union." And yet it is contended that this "more
perfect union" does not include the essential attribute of perpetuity.
But that the Union was designed to be perpetual appears conclusively
from the nature and extent of the powers conferred by the Constitution
on the Federal Government. These powers embrace the very highest
attributes of national sovereignty. They place both the sword and the
purse under its control. Congress has power to make war and to make
peace, to raise and support armies and navies, and to conclude treaties
with foreign governments. It is invested with the power to coin money
and to regulate the value thereof, and to regulate commerce with foreign
nations and among the several States. It is not necessary to enumerate
the other high powers which have been conferred upon the Federal
Government. In order to carry the enumerated powers into effect,
Congress possesses the exclusive right to lay and collect duties on
imports, and, in common with the States, to lay and collect all other
taxes.
But the Constitution has not only conferred these high powers upon
Congress, but it has adopted effectual means to restrain the States
from interfering with their exercise. For that purpose it has in
strong prohibitory language expressly declared that--
No State shall enter into any treaty, alliance, or confederation;
grant letters of marque and reprisal; coin money; emit bills of
credit; make anything but gold and silver coin a tender in payment
of debts; pass any bill of attainder, _ex post facto_ law, or law
impairing the obligation of contracts.
Moreover--
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