History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
drawn to the distinction between criminal laws and laws relating to
civil interests. In order to reach and control retrospective laws
operating upon the civil rights of parties, when passed by a State, a
special description was employed to designate them, as "laws impairing
the obligation of contracts," and the term "_ex post facto_ laws" was
thus confined to laws creating and punishing criminal offences after
the acts had been committed.[298] What is now the settled
construction of this term, therefore, is in accordance with the sense
in which it was finally intended to be used by the framers of the
Constitution before the instrument passed from their hands.
The committee of detail had reported in their draft of the
Constitution a clause which restrained the United States from granting
any title of nobility. The Convention, for the purpose of preserving
all officers of the United States independent of external influence,
added to this a provision that no person holding an office of profit
or trust under the United States shall, without the consent of
Congress, accept of any present, emolument, office, or title, of any
kind whatever, from any king, prince, or foreign state.[299]
In addition to the special powers conferred by the Constitution upon
the national government, it has imposed certain restraints on the
political power of the States, which qualify and diminish what would
otherwise be the unlimited sovereignty of each of them. These
restraints are of two classes;--a part of them being designed to
remove all obstructions that might be placed by State legislation or
action in the way of the appropriate exercise of the powers vested in
the United States, and a part of them being intended to assimilate the
nature of the State governments to that of the Union, by the
application of certain maxims or rules of public policy. These
restraints may now be briefly examined, with reference to this
classification.
The idea of imposing special restrictions upon the power of the
separate States was not expressly embraced in the plan of government
described by the resolutions on which the committee of detail were
instructed to prepare the instrument of government. Such restrictions,
however, were not unknown to the previous theory of the Union. They
existed in the Articles of Confederation, where they had been
introduced with the same general purpose of withdrawing from the
action of the States those objects, which, by the stipulations of that
instrument, had been committed to the authority of the United States
in Congress. But the inefficacy of those provisions lay in the fact,
that they were the mere provisions of a theory. The step now proposed
to be taken was to superadd to the prohibitions themselves the
principle of their supremacy as matters of fundamental law, and to
enable the national judiciary to make that supremacy effectual.
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