The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
The Constitution of the United States was ordained and established
by the people of the United States for themselves, for their own
government, and not for the government of the individual States.
Each State established a constitution for itself, and, in that
constitution, provided such limitations and restrictions on the
powers of its particular government as its judgment dictated. The
people of the United States framed such a government for the United
States as they supposed best adapted to their situation, and best
calculated to promote their interests. The powers they conferred on
this government were to be exercised by itself; and the limitations
on power, if expressed in general terms, are naturally, and we
think necessarily, applicable to the government created by the
instrument.[346]
But the government thus formed under the Constitution is the government
of “the more perfect Union,” which is an “indestructible Union of
indestructible States.” By constitutional law, indestructibility is not
a quality of any territory under the jurisdiction of the United States.
133. The rights of the inhabitants of such territory are determined
by Congress. This power of Congress seems unlimited, but the Supreme
Court of the United States disclaims “any intention to hold that the
inhabitants of these territories are subject to an unrestrained power
on the part of Congress to deal with them upon the theory that they
have no rights which it is bound to respect.”[347] What limitation
then, if any, is there on Congress, in exercising its powers over such
territory?
The Court replies:
There are certain principles of natural justice inherent in the
Anglo-Saxon character, which need no expression in constitutions
or statutes to give them effect to secure dependencies against
legislation manifestly hostile to their real interests.[348]
But the power of Congress to govern Territories, (“dependencies,”
“outlying possessions”) is, by present constitutional law, exercisable
at the will of Congress.[349] The essential matter is of jurisdiction.
The United States is a sovereignty; for some purposes the several
States comprising the Union are sovereign,[350] but according to
American constitutional law, a Territory, dependency, or outlying
possession belonging to the United States is not sovereign, and
possesses no powers, rights, privileges, or attributes of sovereignty.
The principle may be stated thus: To whatsoever extent Congress
exercises jurisdiction, to that extent it governs; its functions are
legislative and essentially political; to the extent that they are
political they are sovereign.[351]
CHAPTER X
THE LAW OF LIMITATIONS
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account