The Continental Monthly, Vol. 1, No. 5, May, 1862: Devoted To Literature And National PolicyVarious
History
The Continental Monthly, Vol. 1, No. 5, May, 1862: Devoted To Literature And National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
'2. No State shall, without the consent of Congress, lay any
imposts or duties on imports or exports, except what may be
absolutely necessary for executing its inspection laws; and the
net produce of all duties and imposts laid by any State on imports
or exports, shall be for the use of the treasury of the United
States; and all such laws shall be subject to the revision and
control of the Congress. No State shall, without the consent of
Congress, lay any duty on tonnage, keep troops or ships of war in
time of peace, enter into any agreement or compact with another
State or with a foreign power, or engage in war.'
Language can not be stronger; intentions were never more clearly
expressed; thoughts were never more explicitly set forth in words.
Nothing is left for doubt; all is concise, positive, and binding.
Nothing is left to be guessed at; nothing left that could be construed
to mean that States 'may' or 'may not.' 'SHALL' and 'SHALL NOT,' are the
words used to define what the States are to do or not to do. The very
slight 'right' given to the States to lay duties for executing their
inspection laws, carries with it a proviso, or command, that the
proceeds of such duties must be paid into the National Treasury, and the
very laws that the States might pass for this purpose must be approved
by 'THE CONGRESS.' What Congress? The Congress of the UNITED STATES--of
the UNION. Every vestige of State sovereignty, of 'State rights,' is
utterly annihilated in these clauses.
Independent, sovereign states may and do make treaties, alliances, grant
letters of marque, or coin money; in fact, no 'State' or sovereignty can
exist without these powers; and the fact that these powers are all taken
from and denied to the States of the American Union, is conclusive proof
that the framers of the Constitution did not intend to allow the States
the sovereignty now claimed for them, and which the rebellious States
are endeavoring to maintain. This heresy must be exorcised now and
forever.
Is there any thing more in the Constitution (and bear in mind that no
right is claimed for any State except in accordance with this
instrument, which is still in full force except in those rebellious
States where this disorganizing doctrine of 'State rights' has
uncontrolled sway) making the Union supreme and the States subordinate?
What says the following section?
'Full faith and credit shall be given in each State to the public
acts, records, and judicial proceedings of every other State. And
the Congress may, by general laws, prescribe the manner in which
such acts, records, and proceedings shall be proved, and the
effect thereof.'
Public-domain text, read in full here on John Shaqi.
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