The Writings of Thomas Jefferson, Vol. 7 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
Philosophy
The Writings of Thomas Jefferson, Vol. 7 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
It may be impracticable to lay down any general formula of words which
shall decide at once, and with precision, in every case, this limit of
jurisdiction. But there are two canons which will guide us safely in most
of the cases. 1st. The capital and leading object of the constitution
was to leave with the States all authorities which respected their own
citizens only, and to transfer to the United States those which respected
citizens of foreign or other States: to make us several as to ourselves,
but one as to all others. In the latter case, then, constructions should
lean to the general jurisdiction, if the words will bear it; and in
favor of the States in the former, if possible to be so construed. And
indeed, between citizens and citizens of the same State, and under their
own laws, I know but a single case in which a jurisdiction is given to
the General Government. That is, where anything but gold or silver is
made a lawful tender, or the obligation of contracts is any otherwise
impaired. The separate legislatures had so often abused that power, that
the citizens themselves chose to trust it to the general, rather than to
their own special authorities. 2d. On every question of construction,
carry ourselves back to the time when the constitution was adopted,
recollect the spirit manifested in the debates, and instead of trying
what meaning may be squeezed out of the text, or invented against it,
conform to the probable one in which it was passed. Let us try Cohen's
case by these canons only, referring always, however, for full argument,
to the essays before cited.
1. It was between a citizen and his own State, and under a law of his
State. It was a domestic case, therefore, and not a foreign one.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account