Constitutional history -- United States -- Sources; Constitutional law -- United States
But it may be again asked, Who is to judge of the NECESSITY and
PROPRIETY of the laws to be passed for executing the powers of the
Union? I answer, first, that this question arises as well and as fully
upon the simple grant of those powers as upon the declaratory clause;
and I answer, in the second place, that the national government, like
every other, must judge, in the first instance, of the proper exercise
of its powers, and its constituents in the last. If the federal
government should overpass the just bounds of its authority and make a
tyrannical use of its powers, the people, whose creature it is, must
appeal to the standard they have formed, and take such measures to
redress the injury done to the Constitution as the exigency may suggest
and prudence justify. The propriety of a law, in a constitutional
light, must always be determined by the nature of the powers upon which
it is founded. Suppose, by some forced constructions of its authority
(which, indeed, cannot easily be imagined), the Federal legislature
should attempt to vary the law of descent in any State, would it not be
evident that, in making such an attempt, it had exceeded its
jurisdiction, and infringed upon that of the State? Suppose, again,
that upon the pretense of an interference with its revenues, it should
undertake to abrogate a landtax imposed by the authority of a State;
would it not be equally evident that this was an invasion of that
concurrent jurisdiction in respect to this species of tax, which its
Constitution plainly supposes to exist in the State governments? If
there ever should be a doubt on this head, the credit of it will be
entirely due to those reasoners who, in the imprudent zeal of their
animosity to the plan of the convention, have labored to envelop it in
a cloud calculated to obscure the plainest and simplest truths.
Public-domain text, read in full here on John Shaqi.
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