The Cornhill Magazine (Vol. IV, No. 2, August 1861)Various
General
The Cornhill Magazine (Vol. IV, No. 2, August 1861)
Various
England -- Periodicals; English literature -- Periodicals; Short stories, English -- Periodicals
The powers conferred by the constitution on Congress are as follows. It
may impose taxes, duties, imposts, and excises, which, however, must be
uniform on all the inhabitants of the States. It may borrow money on
the credit of the United States of America. It may regulate commerce,
lay down a general rule of naturalization, regulate the coinage, and
punish offences relating to it. It has also the care of post-offices
and post roads, and the superintendence of copyright, both in books
and in inventions. It has jurisdiction over offences committed at sea.
It has the power of war and peace, the control of the United States’
army and navy, and military law. It regulates the calling out and the
organization of the State militia for common purposes. It is the sole
government of the district of Columbia, in which Washington is situated;
and it has power to make laws binding on the individual citizens of every
State in the Union, for the purpose of executing any of these powers.
All sovereign powers not included under these heads are reserved to the
individual States, but they are expressly prohibited from exercising
their sovereignty in certain ways. No State may enter into alliances, or
make peace or war, or emit bills of credit, or make anything but gold and
silver coin a tender in payment of debts, or pass any bill of attainder,
_ex post facto_ law, or law impairing the obligation of contracts, or
grant any title of nobility.
It has not been uncommon in Europe for States to give themselves
constitutions which have been ridiculed in this country (often not
reasonably) on the ground that the provisions which had the largest
sound were in fact mere empty words. This cannot be said of the American
constitution. Its practical efficiency is secured by the only means which
can secure it—the institution of independent courts of justice bound
to put a judicial construction upon its provisions, and armed with the
powers necessary to make that construction prevail in fact. These courts
treat the constitution as they would treat any other law, and freely
exercise the power of deciding whether the acts of the individual States,
or even those of Congress itself, are unconstitutional and therefore
illegal. The courts in question are divisible into three classes. In
the first class stands the Supreme Court of the United States; in the
second are the circuit courts; and in the third, the district courts.
The Supreme Court has original jurisdiction in diplomatic cases, in
admiralty and maritime cases, in cases arising between individual
States, and in cases in which the United States are a party. It also
entertains appeals from the circuit and district courts. The circuit
courts and district courts are local, and closely resemble each other in
the general character of their jurisdiction, though the circuit courts
are the more important of the two. They entertain all civil causes above
500 dollars in which the United States is a party, or in which an alien
Public-domain text, read in full here on John Shaqi.
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