The Essentials of American Constitutional Law — John Shaqi
The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
15. The powers of Congress, delegated to it as a whole, or to its
respective Houses, and largely regulative of congressional membership
and procedure, may be described as necessary parliamentary powers,
excepting the powers of the respective Houses in the selection of
President and Vice-President. Parliamentary powers are functions
essential to the efficiency of a legislative body, and they were
worked out, largely, before and during colonial times. Such
parliamentary functions were exercised by the British Parliament and by
State Legislatures prior to the making of the Constitution. Indeed, the
provisions respecting such powers, in the State constitutions from 1776
to 1787, were the immediate precedents for them in the Constitution
of the United States.[38] But when we speak of the legislative
powers vested in Congress, we do not mean, commonly, these strictly
parliamentary powers; rather do we mean another group or class of
powers included under such headings as “taxation,” “money,” “commerce,”
“banking,” “the army,” “the navy,” “territory,” and others of notable
rank. Such powers as those indicate (or seem to indicate), a larger
delegation of authority to Congress than its authority to regulate its
membership. Whatever may be thought of the relative rank of the powers
of Congress, all emanate from the same source, “the people of the
United States.”
16. In determining the nature and extent of these powers, we are aided
by the Constitution itself which sets limitations. Thus,
all duties, imposts, and excises shall be uniform throughout the
United States.[39] The privilege of the writ of _habeas corpus_
shall not be suspended unless when in cases of rebellion or
invasion the public safety may require it.[40] No bill of attainder
or _ex post facto_ law shall be passed.[41] No tax or duty shall be
laid on articles exported from any State.[42] No preference shall
be given by any regulation of commerce or revenue to the ports of
one State over these of another; nor shall vessels bound to or from
one State be obliged to enter, clear, or pay duties in another.[43]
No money shall be drawn from the treasury but in consequence of
appropriations made by law; and a regular statement and account
of the receipts and expenditures of all public money shall be
published from time to time.[44]
In addition to these limitations, there are limitations set forth in
the first ten, in the thirteenth, fourteenth, and fifteenth amendments.
These amendments, in the aggregate, deny to Congress authority to
violate what we commonly designate as fundamental rights. In other
words, the people of the United States have given Congress no power
whatever to imperil these rights: they are excepted out of the
government of the United States.[45]
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