Constitutional history -- United States -- Sources; Constitutional law -- United States
The new Constitution has accordingly, with great propriety,
made provision against them, and all others proceeding from the defect
of the Confederation on this head, by authorizing the general government
to establish a uniform rule of naturalization throughout the United
States.
The power of establishing uniform laws of bankruptcy is so intimately
connected with the regulation of commerce, and will prevent so many
frauds where the parties or their property may lie or be removed into
different States, that the expediency of it seems not likely to be drawn
into question.
The power of prescribing by general laws, the manner in which the public
acts, records and judicial proceedings of each State shall be proved,
and the effect they shall have in other States, is an evident and
valuable improvement on the clause relating to this subject in the
articles of Confederation. The meaning of the latter is extremely
indeterminate, and can be of little importance under any interpretation
which it will bear. The power here established may be rendered a very
convenient instrument of justice, and be particularly beneficial on the
borders of contiguous States, where the effects liable to justice may be
suddenly and secretly translated, in any stage of the process, within a
foreign jurisdiction.
The power of establishing post roads must, in every view, be a harmless
power, and may, perhaps, by judicious management, become productive
of great public conveniency. Nothing which tends to facilitate the
intercourse between the States can be deemed unworthy of the public
care.
PUBLIUS
FEDERALIST No. 43
The Same Subject Continued (The Powers Conferred by the Constitution
Further Considered)
For the Independent Journal. Wednesday, January 23, 1788
MADISON
To the People of the State of New York:
THE FOURTH class comprises the following miscellaneous powers:
1. A power "to promote the progress of science and useful arts, by
securing, for a limited time, to authors and inventors, the exclusive
right to their respective writings and discoveries."
The utility of this power will scarcely be questioned. The copyright of
authors has been solemnly adjudged, in Great Britain, to be a right of
common law. The right to useful inventions seems with equal reason to
belong to the inventors. The public good fully coincides in both cases
with the claims of individuals. The States cannot separately make
effectual provisions for either of the cases, and most of them have
anticipated the decision of this point, by laws passed at the instance
of Congress.
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