A Letter to Grover Cleveland: On His False Inaugural Address, The Usurpations and Crimes of Lawmakers and Judges, and the Consequent Poverty, Ignorance, and Servitude Of The PeopleSpooner, Lysander
Philosophy
A Letter to Grover Cleveland: On His False Inaugural Address, The Usurpations and Crimes of Lawmakers and Judges, and the Consequent Poverty, Ignorance, and Servitude Of The People
Spooner, Lysander
Cleveland, Grover, 1837-1908; United States -- Politics and government
Thus it seems that Trimble, like all the rest of them, got his
constitutional law, not from any natural principles of justice, not from
man's natural rights, not from the constitution of the United States,
nor even from any constitution affirming men's natural rights, but from
"the doctrine [that] has been held and maintained by all [those] States
and nations," and "all [those] independent sovereigns," who have usurped
all power, and denied all the natural rights of mankind.
Marshall gives another of his false definitions, when, speaking for the
whole court, in regard to the power of congress "to regulate commerce
with foreign nations, and among the several States," he asserts the
right of congress to an arbitrary, absolute dominion over all men's
natural rights to carry on such commerce. Thus he says:
What is this power? It is the power to regulate: _that is, to
prescribe the rule by which commerce is to be governed. This
power, like all others vested in congress, is complete in
itself, may be exercised to its utmost extent, and acknowledges
no limitations, other than are prescribed by the constitution._
These are expressed in plain terms, and do not affect the
questions which arise in this case, or which have been
discussed at the bar. If, as has always been understood, the
sovereignty of congress, though limited to specific objects, is
plenary as to those objects, the power over commerce with
foreign nations, and among the several States, is vested in
congress as absolutely as it would be in a single government,
having in its constitution the same restrictions on the
exercise of the power as are found in the constitution of the
United States. _The wisdom and the discretion of congress,
their identity with the people, and the influence which their
constituents possess at elections, are, in this, as in many
other instances, as that, for example, of declaring war, the
sole restraints on which they_ [the people] _have relied, to
secure them from its abuse. They are the restraints on which
the people must often rely_ SOLELY, _in all representative
governments_.--_Gibbons vs. Ogden, 9 Wheaton 196._
This is a general declaration of absolutism over all "commerce with
foreign nations and among the several States," with certain exceptions
mentioned in the constitution; such as that "all duties, imposts, and
excises shall be uniform throughout the United States," and "no tax or
duty shall be laid on articles exported from any State," and "no
preference shall be given, by any regulation of commerce or revenue, to
the ports of one State over those of another; nor shall vessels bound
to, or from, one State, be obliged to enter, clear, or pay duties in
another."
Public-domain text, read in full here on John Shaqi.
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