Constitutional history -- United States -- Sources; Constitutional law -- United States
This mode of reasoning appears sometimes to turn upon the supposition
of usurpation in the national government; at other times it seems to be
designed only as a deduction from the constitutional operation of its
intended powers. It is only in the latter light that it can be
admitted to have any pretensions to fairness. The moment we launch into
conjectures about the usurpations of the federal government, we get into
an unfathomable abyss, and fairly put ourselves out of the reach of all
reasoning. Imagination may range at pleasure till it gets bewildered
amidst the labyrinths of an enchanted castle, and knows not on which
side to turn to extricate itself from the perplexities into which it has
so rashly adventured. Whatever may be the limits or modifications of the
powers of the Union, it is easy to imagine an endless train of possible
dangers; and by indulging an excess of jealousy and timidity, we may
bring ourselves to a state of absolute scepticism and irresolution. I
repeat here what I have observed in substance in another place, that all
observations founded upon the danger of usurpation ought to be referred
to the composition and structure of the government, not to the nature
or extent of its powers. The State governments, by their original
constitutions, are invested with complete sovereignty. In what does our
security consist against usurpation from that quarter? Doubtless in the
manner of their formation, and in a due dependence of those who are to
administer them upon the people. If the proposed construction of the
federal government be found, upon an impartial examination of it, to be
such as to afford, to a proper extent, the same species of security, all
apprehensions on the score of usurpation ought to be discarded.
Public-domain text, read in full here on John Shaqi.
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