Constitutional history -- United States -- Sources; Constitutional law -- United States
The second question is not less delicate; and the flattering prospect of
its being merely hypothetical forbids an overcurious discussion of it.
It is one of those cases which must be left to provide for itself. In
general, it may be observed, that although no political relation can
subsist between the assenting and dissenting States, yet the moral
relations will remain uncancelled. The claims of justice, both on one
side and on the other, will be in force, and must be fulfilled; the
rights of humanity must in all cases be duly and mutually respected;
whilst considerations of a common interest, and, above all, the
remembrance of the endearing scenes which are past, and the anticipation
of a speedy triumph over the obstacles to reunion, will, it is hoped,
not urge in vain MODERATION on one side, and PRUDENCE on the other.
PUBLIUS
FEDERALIST No. 44
Restrictions on the Authority of the Several States
From the New York Packet. Friday, January 25, 1788.
MADISON
To the People of the State of New York:
A FIFTH class of provisions in favor of the federal authority consists
of the following restrictions on the authority of the several States:
1. "No State shall enter into any treaty, alliance, or confederation;
grant letters of marque and reprisal; coin money; emit bills of credit;
make any thing but gold and silver a legal tender in payment of debts;
pass any bill of attainder, ex post facto law, or law impairing the
obligation of contracts; or grant any title of nobility."
The prohibition against treaties, alliances, and confederations makes
a part of the existing articles of Union; and for reasons which need
no explanation, is copied into the new Constitution. The prohibition
of letters of marque is another part of the old system, but is somewhat
extended in the new. According to the former, letters of marque could
be granted by the States after a declaration of war; according to the
latter, these licenses must be obtained, as well during war as previous
to its declaration, from the government of the United States. This
alteration is fully justified by the advantage of uniformity in all
points which relate to foreign powers; and of immediate responsibility
to the nation in all those for whose conduct the nation itself is to be
responsible.
Public-domain text, read in full here on John Shaqi.
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