Civil Government in the United States Considered with Some Reference to Its OriginsFiske, John
History
Civil Government in the United States Considered with Some Reference to Its Origins
Fiske, John
United States -- Politics and government
[Sidenote: Difference between confederation and federal union.]
We have already remarked upon the vastness of the functions retained
by the states. At the same time the powers granted to Congress have
proved sufficient to bind the states together into a union that is
more than a mere confederation. From 1776 to 1789 the United States
_were_ a confederation; after 1789 it was a federal nation. The
passage from plural to singular was accomplished, although it took
some people a good while to realize the fact. The German language
has a neat way of distinguishing between a loose confederation and a
federal union. It calls the former a _Staatenbund_ and the latter
a _Bundesstaat_. So in English, if we liked, we might call the
confederation a _Band-of-States_ and the federal union a _Banded-State_.
There are two points especially in our Constitution which transformed
our country from a Band-of-States into a Banded-State.
[Sidenote: Powers granted to Congress.]
The first was the creation of a federal House of Representatives, thus
securing for Congress the power to lay and collect taxes, duties,
imposts, and excises, to pay the debts and provide for the common
welfare of the United States. Other powers are naturally attached to
this,--such as the power to borrow money on the credit of the United
States; to regulate foreign and domestic commerce; to coin money
and fix the standard of weights and measures; to provide for
the punishment of counterfeiters; to establish post-offices and
post-roads; to issue copyrights and patents; to define and punish
felonies committed on the high seas, and offences against the law of
nations; to declare war, grant letters of marque and reprisal, and
make rules concerning captures on land and water; to raise and
support an army and navy, and to make rules for the regulation of
the land and naval forces; to provide for calling out the militia
to suppress insurrections and repel invasions, and to command this
militia while actually employed in the service of the United States.
The several states, however, train their own militia and appoint
the officers. Congress may also establish a uniform rule of
naturalization, and uniform laws on the subject of bankruptcies. It
also exercises exclusive control over the District of Columbia,[23]
as the seat of the national government, and over forts, magazines,
arsenals, dockyards, and other needful buildings, which it erects
within the several states upon land purchased for such purposes with
the consent of the state legislature.
[Footnote 23: Ceded to the United States by Maryland and Virginia.]
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