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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