The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
This principle applies to both American governments,—that of each
State, and that of the United States. Each within its own jurisdiction
is supreme. This means that the national government possesses powers
adequate to the existence and efficient operation of such a government.
With this principle in mind, the exercise, by Congress, of its
powers becomes reasonably plain. The people of the United States are
a sovereignty; they have ordained and established the Constitution
of the United States. This Constitution is a plan of republican,
that is of representative, government. The powers granted by this
sovereignty to this government are adequate to the ends and purposes
of this government. Whence follows all our constitutional law: for the
constitutional law of the States cannot vary essentially from that
of the United States. The principle here is stated by Chief Justice
Marshall: “The Constitution, when thus adopted, was of complete
obligation, and bound the State sovereignties.”[62]
26. The powers of Congress are derived through this Constitution
and are adequate to the legislative needs of the government thus
created. Here again applies the principle as to proper legislative
powers: “Let the end be legitimate, let it be within the scope of the
Constitution, and all means which are appropriate, which are plainly
adapted to that end, which are not prohibited, but consist with the
letter and spirit of the Constitution, are constitutional.” If this
principle be true (and it lies at the basis of government in America),
it seems unnecessary that the Constitution should specify, or enumerate
the powers of Congress. These which are enumerated may not be said
to be in any logical order. Doubtless the qualities of sovereignty
are equal qualities—each essential to the supreme end and purpose of
sovereignty—which end and purpose is to be and to remain sovereignty.
27. But to Congress and to the State Legislatures powers are granted.
Does the grant of powers to Congress extinguish the grant to the State
Legislatures? Here, again, Hamilton states the principle:
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