Constitutional history -- United States -- Sources; Constitutional law -- United States
The powers delegated by the proposed Constitution to the federal
government, are few and defined. Those which are to remain in the State
governments are numerous and indefinite. The former will be exercised
principally on external objects, as war, peace, negotiation, and foreign
commerce; with which last the power of taxation will, for the most part,
be connected. The powers reserved to the several States will extend to
all the objects which, in the ordinary course of affairs, concern the
lives, liberties, and properties of the people, and the internal order,
improvement, and prosperity of the State.
The operations of the federal government will be most extensive and
important in times of war and danger; those of the State governments, in
times of peace and security. As the former periods will probably bear
a small proportion to the latter, the State governments will here
enjoy another advantage over the federal government. The more adequate,
indeed, the federal powers may be rendered to the national defense, the
less frequent will be those scenes of danger which might favor their
ascendancy over the governments of the particular States.
If the new Constitution be examined with accuracy and candor, it will
be found that the change which it proposes consists much less in the
addition of NEW POWERS to the Union, than in the invigoration of its
ORIGINAL POWERS. The regulation of commerce, it is true, is a new power;
but that seems to be an addition which few oppose, and from which no
apprehensions are entertained. The powers relating to war and
peace, armies and fleets, treaties and finance, with the other more
considerable powers, are all vested in the existing Congress by the
articles of Confederation. The proposed change does not enlarge these
powers; it only substitutes a more effectual mode of administering them.
The change relating to taxation may be regarded as the most important;
and yet the present Congress have as complete authority to REQUIRE
of the States indefinite supplies of money for the common defense and
general welfare, as the future Congress will have to require them of
individual citizens; and the latter will be no more bound than the
States themselves have been, to pay the quotas respectively taxed
on them. Had the States complied punctually with the articles of
Confederation, or could their compliance have been enforced by as
peaceable means as may be used with success towards single persons,
our past experience is very far from countenancing an opinion, that the
State governments would have lost their constitutional powers, and have
gradually undergone an entire consolidation. To maintain that such an
event would have ensued, would be to say at once, that the existence
of the State governments is incompatible with any system whatever that
accomplishes the essential purposes of the Union.
PUBLIUS
FEDERALIST No. 46
The Influence of the State and Federal Governments Compared
Public-domain text, read in full here on John Shaqi.
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