Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
“When the gentleman says, the Constitution is a compact between the
states, he uses language exactly applicable to the old Confederation.
He speaks as if he were in Congress before 1789. He describes fully
that old state of things then existing. The Confederation was, in
strictness, a compact; the states, as states, were parties to it. We
had no other general government. But that was found insufficient, and
inadequate to the public exigencies. The _people_ were not satisfied
with it, and undertook to establish a better. _They_ undertook to
form a general government which would stand on a new basis--not a
confederacy, not a league, not a compact between states, but a
constitution; a popular government, founded in popular election,
directly responsible to the people themselves, and divided into
branches, with prescribed _limits of power_, and prescribed duties.
_They_ ordained such a government; _they_ gave it the name of a
constitution; and therein _they_ established a distribution of powers
between this, their general government, and their several state
governments. When _they_ shall have become dissatisfied with this
distribution, _they_ can alter it. _Their own power over their own
instrument remains._ But until _they_ shall alter it, it must stand as
_their_ will, and is equally binding on the general government and on
the states.” (Webster’s concluding remarks in the reply to Hayne, 4
_Ell. Deb._ 518.)
Is not the same doctrine certain from the Court which knew the whole
Constitution so well that it decided, in the important case of Barron
v. Mayor of Baltimore, supra, p. 376, that the entire Constitution gave
no power of any kind to the state governments? Is not the same doctrine
certain from the Court which held:
The powers the people have given to the General Government are named
in the Constitution, and all not there named, either expressly or by
implication, are reserved to the people, and can be exercised only by
them, or upon further grant from them. (Turner v. Williams, 194 _U.
S._ 279 at 296.)
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