Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
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Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
Constitutional history -- United States -- Sources; United States. Constitution
that justice will be delayed, and the poor will be drawn away by the rich
to a distant court. The authors of this remark have not fully considered
the question, else they must have recollected that the poor of this
country have little to do with foreigners or with the citizens of distant
states. They do not consider that there may be an inferior court in every
state; nor have they recollected that the appeals being with such
exceptions, and under such regulations as Congress shall make, will never
be permitted for trifling sums or under trivial pretences, unless we can
suppose that the national legislature shall be composed of knaves and
fools. The line that separates the powers of the national legislature from
those of the several states is clearly drawn. The several states reserve
every power that can be exercised for the particular use and comfort of
the state. They do not yield a single power which is not absolutely
necessary to the safety and prosperity of the nation, nor one that could
be employed to any effect in the hands of particular states. The powers of
judiciary naturally arise from those of the legislature. Questions that
are of a national concern, and those cases which are determinable by the
general laws of the nation, are to be referred to the national judiciary;
but they have not anything to do with a single case either civil or
criminal which respects the private and particular concerns of a state or
its citizens.
The possibility of keeping regular troops in the public service, has been
urged as another objection against the new constitution. It is very
remarkable that the same objection has not been made against the original
confederation, in which the same grievance obtains without the same
guards. It is now provided, that no appropriation of money for the use of
the army shall be for a longer time than two years. Provision is also made
for having a powerful militia, in which there never can be occasion for
many regular troops.
Public-domain text, read in full here on John Shaqi.
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