A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
Pierce, Franklin, 1804-1869; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
I have had occasion more than once to express, and deem it proper now
to repeat, that it is, in my judgment, to be taken for granted, as a
fundamental proposition not requiring elucidation, that the Federal
Government is the creature of the individual States and of the people
of the States severally; that the sovereign power was in them alone;
that all the powers of the Federal Government are derivative ones, the
enumeration and limitations of which are contained in the instrument
which organized it; and by express terms "the powers not delegated to
the United States by the Constitution nor prohibited by it to the States
are reserved to the States respectively or to the people."
Starting from this foundation of our constitutional faith and proceeding
to inquire in what part of the Constitution the power of making
appropriations for internal improvements is found, it is necessary to
reject all idea of there being any grant of power in the preamble.
When that instrument says, "We, the people of the United States, in
order to form a more perfect union, establish justice, insure domestic
tranquillity, provide for the common defense, promote the general
welfare, and secure the blessings of liberty to ourselves and our
posterity," it only declares the inducements and the anticipated results
of the things ordained and established by it. To assume that anything
more can be designed by the language of the preamble would be to
convert all the body of the Constitution, with its carefully weighed
enumerations and limitations, into mere surplusage. The same may be said
of the phrase in the grant of the power to Congress "to pay the debts
and provide for the common defense and general welfare of the United
States;" or, to construe the words more exactly, they are not
significant of grant or concession, but of restriction of the specific
grants, having the effect of saying that in laying and collecting
taxes for each of the precise objects of power granted to the General
Government Congress must exercise any such definite and undoubted power
in strict subordination to the purpose of the common defense and general
welfare of all the States.
There being no specific grant in the Constitution of a power to sanction
appropriations for internal improvements, and no general provision broad
enough to cover any such indefinite object, it becomes necessary to look
for particular powers to which one or another of the things included in
the phrase "internal improvements" may be referred.
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