Constitutional history -- United States -- Sources; Constitutional law -- United States
The claims of justice, both on one side and on
the other, will be in force, and must be fulfilled; the rights of
humanity must in all cases be duly and mutually respected; whilst
considerations of a common interest, and, above all, the remembrance of
the endearing scenes which are past, and the anticipation of a speedy
triumph over the obstacles to reunion, will, it is hoped, not urge in
vain MODERATION on one side, and PRUDENCE on the other.
PUBLIUS.
THE FEDERALIST.
No. XLIV.
Restrictions on the Authority of the Several States
From the New York Packet. Friday, January 25, 1788.
MADISON
To the People of the State of New York:
A fifth class of provisions in favor of the federal authority consists
of the following restrictions on the authority of the several States:1.
“No State shall enter into any treaty, alliance, or confederation;
grant letters of marque and reprisal; coin money; emit bills of credit;
make any thing but gold and silver a legal tender in payment of debts;
pass any bill of attainder, ex-post-facto law, or law impairing the
obligation of contracts; or grant any title of nobility. “The
prohibition against treaties, alliances, and confederations makes a
part of the existing articles of Union; and for reasons which need no
explanation, is copied into the new Constitution. The prohibition of
letters of marque is another part of the old system, but is somewhat
extended in the new. According to the former, letters of marque could
be granted by the States after a declaration of war; according to the
latter, these licenses must be obtained, as well during war as previous
to its declaration, from the government of the United States. This
alteration is fully justified by the advantage of uniformity in all
points which relate to foreign powers; and of immediate responsibility
to the nation in all those for whose conduct the nation itself is to be
responsible.
The right of coining money, which is here taken from the States, was
left in their hands by the Confederation, as a concurrent right with
that of Congress, under an exception in favor of the exclusive right of
Congress to regulate the alloy and value. In this instance, also, the
new provision is an improvement on the old. Whilst the alloy and value
depended on the general authority, a right of coinage in the particular
States could have no other effect than to multiply expensive mints and
diversify the forms and weights of the circulating pieces. The latter
inconveniency defeats one purpose for which the power was originally
submitted to the federal head; and as far as the former might prevent
an inconvenient remittance of gold and silver to the central mint for
recoinage, the end can be as well attained by local mints established
under the general authority.
Public-domain text, read in full here on John Shaqi.
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