The Crisis of Eighteen Hundred and Sixty-One in the Government of the United States.: Its Cause, and How It Should Be Met — John Shaqi
The Crisis of Eighteen Hundred and Sixty-One in the Government of the United States.: Its Cause, and How It Should Be MetStreight, Abel D.
History
The Crisis of Eighteen Hundred and Sixty-One in the Government of the United States.: Its Cause, and How It Should Be Met
Streight, Abel D.
Secession; United States -- Politics and government -- 1857-1861
"15. To provide for organizing, arming and disciplining the militia,
and for governing such part of them as may be employed in the service
of the United States, reserving to the States, respectively, the
appointment of the officers and the authority of training the militia,
according to the discipline prescribed by Congress;
"16. To exercise exclusive legislation in all cases whatsoever, over
such district (not exceeding ten miles square) as may, by cession of
particular States, and the acceptance of Congress, become the seat of
government of the United States, and to exercise like authority over
all places purchased by the consent of the legislature of the State in
which the same shall be, for the erection of forts, magazines,
arsenals, dock yards and other needful buildings:--And
"17. To make all laws which shall be necessary and proper for carrying
into execution the foregoing powers, and all other powers vested by
this constitution in the government of the United States, or in any
department or officer thereof."
The powers enumerated in this section are very definite, and nothing we
could say would make that fact appear more apparent. Now if these powers
are conferred upon the general government by the common consent of all the
States of the Union, or more especially by all the people of all the
States, can any one State exercise any of those reserved powers? Most
certainly not. But the framers of the constitution did not leave this to
be inferred. They settled the question definitely in section ten. Here it
is:
"1. No State shall enter into any treaty, alliance, or confederation;
grant letters of marque and reprisal; coin money; emit bills of
credit; make anything but gold and silver coin a tender in payment of
debts; pass any bill of attainder, ex post facto law, or law impairing
the obligation of contracts; or grant any title of nobility.
"2. No State shall, without the consent of the Congress, lay any
imposts or duties on imports or exports, except what maybe absolutely
necessary for executing its inspection laws; and the nett 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 of tunnage, 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,
unless actually invaded, or in such imminent danger as will not admit
of delay."
This section plainly and positively _prohibits_ the States from doing
certain things _without the consent_ of Congress. They can neither
contract alliances, collect revenue, coin money, nor engage in war in
their capacity of States.
Public-domain text, read in full here on John Shaqi.
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