Constitutional history -- United States -- Sources; Constitutional law -- United States
has accordingly, with great propriety, made provision against them, and
all others proceeding from the defect of the Confederation on this
head, by authorizing the general government to establish a uniform rule
of naturalization throughout the United States. The power of
establishing uniform laws of bankruptcy is so intimately connected with
the regulation of commerce, and will prevent so many frauds where the
parties or their property may lie or be removed into different States,
that the expediency of it seems not likely to be drawn into question.
The power of prescribing by general laws, the manner in which the
public acts, records and judicial proceedings of each State shall be
proved, and the effect they shall have in other States, is an evident
and valuable improvement on the clause relating to this subject in the
articles of Confederation. The meaning of the latter is extremely
indeterminate, and can be of little importance under any interpretation
which it will bear. The power here established may be rendered a very
convenient instrument of justice, and be particularly beneficial on the
borders of contiguous States, where the effects liable to justice may
be suddenly and secretly translated, in any stage of the process,
within a foreign jurisdiction. The power of establishing post roads
must, in every view, be a harmless power, and may, perhaps, by
judicious management, become productive of great public conveniency.
Nothing which tends to facilitate the intercourse between the States
can be deemed unworthy of the public care.
PUBLIUS.
THE FEDERALIST.
No. XLIII.
The Same Subject Continued (The Powers Conferred by the Constitution
Further Considered)
For the Independent Journal.
MADISON
To the People of the State of New York:
The fourth class comprises the following miscellaneous powers:1. A
power “to promote the progress of science and useful arts, by securing,
for a limited time, to authors and inventors, the exclusive right to
their respective writings and discoveries. “The utility of this power
will scarcely be questioned. The copyright of authors has been solemnly
adjudged, in Great Britain, to be a right of common law. The right to
useful inventions seems with equal reason to belong to the inventors.
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