Constitutional history -- United States -- Sources; Constitutional law -- United States
An entire consolidation of the States into one complete national
sovereignty would imply an entire subordination of the parts; and
whatever powers might remain in them, would be altogether dependent on
the general will. But as the plan of the convention aims only at a
partial union or consolidation, the State governments would clearly
retain all the rights of sovereignty which they before had, and which
were not, by that act, EXCLUSIVELY delegated to the United States. This
exclusive delegation, or rather this alienation, of State sovereignty,
would only exist in three cases: where the Constitution in express
terms granted an exclusive authority to the Union; where it granted in
one instance an authority to the Union, and in another prohibited the
States from exercising the like authority; and where it granted an
authority to the Union, to which a similar authority in the States
would be absolutely and totally CONTRADICTORY and REPUGNANT. I use
these terms to distinguish this last case from another which might
appear to resemble it, but which would, in fact, be essentially
different; I mean where the exercise of a concurrent jurisdiction might
be productive of occasional interferences in the POLICY of any branch
of administration, but would not imply any direct contradiction or
repugnancy in point of constitutional authority. These three cases of
exclusive jurisdiction in the federal government may be exemplified by
the following instances: The last clause but one in the eighth section
of the first article provides expressly that Congress shall exercise
“EXCLUSIVE LEGISLATION” over the district to be appropriated as the
seat of government. This answers to the first case. The first clause of
the same section empowers Congress “TO LAY AND COLLECT TAXES, DUTIES,
IMPOSTS AND EXCISES”; and the second clause of the tenth section of the
same article declares that, “NO STATE SHALL, without the consent of
Congress, LAY ANY IMPOSTS OR DUTIES ON IMPORTS OR EXPORTS, except for
the purpose of executing its inspection laws.” Hence would result an
exclusive power in the Union to lay duties on imports and exports, with
the particular exception mentioned; but this power is abridged by
another clause, which declares that no tax or duty shall be laid on
articles exported from any State; in consequence of which
qualification, it now only extends to the DUTIES ON IMPORTS. This
answers to the second case. The third will be found in that clause
which declares that Congress shall have power “to establish an UNIFORM
RULE of naturalization throughout the United States.” This must
necessarily be exclusive; because if each State had power to prescribe
a DISTINCT RULE, there could not be a UNIFORM RULE.
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