The Life of George Washington, Vol. 4: Commander in Chief of the American Forces During the War; which Established the Independence of his Country and First; President of the United StatesMarshall, John
History
The Life of George Washington, Vol. 4: Commander in Chief of the American Forces During the War; which Established the Independence of his Country and First; President of the United States
Marshall, John
Generals -- United States -- Biography; Presidents -- United States -- Biography; Washington, George, 1732-1799
The circumstance that the powers of sovereignty are divided between
the national and state governments, does not afford the distinction
required. It does not follow from this, that each of the portions of
power delegated to the one or to the other, is not sovereign with
regard to its _proper objects_. It will only follow from it, that each
has sovereign power as to certain things, and not as to other things.
If the government of the United States does not possess sovereign
power as to its declared purposes and trusts, because its power does
not extend to all cases, neither would the several states possess
sovereign power in any case; for their powers do not extend to every
case. According to the opinion intended to be combated, the United
States would furnish the singular spectacle of _a political society_
without _sovereignty_, or a people _governed_ without a _government_.
If it could be necessary to bring proof of a proposition so clear as
that which affirms that the powers of the federal government, _as to
its objects_, were sovereign, there is a clause in the constitution
which is decisive. It is that which declares the constitution of the
United States, the laws made in pursuance of it, and the treaties made
under its authority to be the supreme law of the land. The power which
can create the supreme law in any case, is doubtless sovereign as to
such case.
This general and indisputable principle puts an end to the abstract
question, whether the United States have power to erect a corporation:
for it is unquestionably incident to sovereign power to erect
corporations, and consequently to that of the United States, in
relation to the objects intrusted to the management of the government.
The difference is this: where the authority of the government is
general, it can create corporations _in all cases_; where it is
confined to certain branches of legislation, it can create
corporations only _in those cases_.
That the government of the United States can exercise only those
powers which are delegated by the constitution, is a proposition not
to be controverted; neither is it to be denied on the other hand, that
there are implied as well as express powers, and that the former are
as effectually delegated as the latter. For the sake of accuracy it
may be observed, that there are also _resulting_ powers. It will not
be doubted that if the United States should make a conquest of any of
the territories of its neighbours, they would possess sovereign
jurisdiction over the conquered territory. This would rather be a
result of the whole mass of the powers of the government, and from the
nature of political society, than a consequence of either of the
powers specially enumerated. This is an extensive case in which the
power of erecting corporations is either implied in, or would result
from some or all of the powers vested in the national government.
Public-domain text, read in full here on John Shaqi.
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