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
But here the complex nature of the government which they were obliged
to establish made it necessary to depart from the theoretical
correctness of a general principle. The sovereignty of the States
would be entirely inconsistent with a power in the general government
to control their whole legislation. As the direct authority of the
national legislature was to extend only to certain objects of national
concern, or to such as the States were incompetent to provide for, all
the political powers of the States, the surrender of which was not
involved in the grant of powers to the national head, must remain; and
if a general superintendence of State legislation were added to the
specific powers to be conferred on the central authority, there would
be in reality but one supreme power in all cases in which the general
government might see fit to exercise its prerogative. The just and
proper sphere of the national government must be the limit of its
power over the legislation of the States. In that sphere it must be
supreme, as the power of each State within its own sphere must also be
supreme. Neither of them should encroach upon the prerogatives of the
other; and while it was undoubtedly necessary to arm the national
government with some power to defend itself against such encroachments
on the part of the States, there could be no real necessity for making
this power extend beyond the exigencies of the case. Those exigencies
would be determined by the objects that might be committed to the
legislation of the central authority; and if a mode could be devised,
by which the States could be restrained from interfering with or
interrupting the just exercise of that authority, all that was
required would be accomplished.[30]
But to do this by means of a negative that was to be classed among the
legislative powers of the new government, was to commit the subject of
a supposed conflict between the rights and powers of the State and the
national governments to an unfit arbitration. Such a question is of a
judicial nature, and belongs properly to a department that has no
direct interest in maintaining or enlarging the prerogatives of the
government whose powers are involved in it.
Public-domain text, read in full here on John Shaqi.
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers — John Shaqi
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