Democracy In America-1 [77]
f: The action of this court is indirect, as we shall hereafter show.]
[Footnote g: It is thus that "The Federalist," No. 45, explains the division of supremacy between the Union and the States: "The powers delegated by the Constitution to the Federal Government are few and defined. Those which are to remain in the State Governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the internal order and prosperity of the State." I shall often have occasion to quote "The Federalist" in this work. When the bill which has since become the Constitution of the United States was submitted to the approval of the people, and the discussions were still pending, three men, who had already acquired a portion of that celebrity which they have since enjoyed - John Jay, Hamilton, and Madison - formed an association with the intention of explaining to the nation the advantages of the measure which was proposed. With this view they published a series of articles in the shape of a journal, which now form a complete treatise. They entitled their journal "The Federalist," a name which has been retained in the work. "The Federalist" is an excellent book, which ought to be familiar to the statesmen of all countries, although it especially concerns America.]
Prerogative Of The Federal Government
Power of declaring war, making peace, and levying general taxes vested in the Federal Government - What part of the internal policy of the country it may direct - The Government of the Union in some respects more central than the King's Government in the old French monarchy.
The external relations of a people may be compared to those of private individuals, and they cannot be advantageously maintained without the agency of a single head of a Government. The exclusive right of making peace and war, of concluding treaties of commerce, of raising armies, and equipping fleets, was granted to the Union. *h The necessity of a national Government was less imperiously felt in the conduct of the internal policy of society; but there are certain general interests which can only be attended to with advantage by a general authority. The Union was invested with the power of controlling the monetary system, of directing the post office, and of opening the great roads which were to establish a communication between the different parts of the country. *i The independence of the Government of each State was formally recognized in its sphere; nevertheless, the Federal Government was authorized to interfere in the internal affairs of the States *j in a few predetermined cases, in which an indiscreet abuse of their independence might compromise the security of the Union at large. Thus, whilst the power of modifying and changing their legislation at pleasure was preserved in all the republics, they were forbidden to enact ex post facto laws, or to create a class of nobles in their community. *k Lastly, as it was necessary that the Federal Government should be able to fulfil its engagements, it was endowed with an unlimited power of levying taxes. *l
[Footnote h: See Constitution, sect. 8; "Federalist," Nos. 41 and 42; Kent's "Commentaries," vol. i. p. 207; Story, pp. 358-382; Ibid. pp. 409-426.]
[Footnote i: Several other privileges of the same kind exist, such as that which empowers the Union to legislate on bankruptcy, to grant patents, and other matters in which its intervention is clearly necessary.]
[Footnote j: Even in these cases its interference is indirect. The Union interferes by means of the tribunals, as will be hereafter shown.]
[Footnote k: Federal Constitution, sect. 10, art. I.]
[Footnote l: Constitution, sects. 8, 9, and 10; "Federalist," Nos. 30-36, inclusive, and 41-44; Kent's "Commentaries," vol. i. pp. 207 and 381; Story, pp. 329 and 514.]
In examining the balance of power as established by the Federal
[Footnote g: It is thus that "The Federalist," No. 45, explains the division of supremacy between the Union and the States: "The powers delegated by the Constitution to the Federal Government are few and defined. Those which are to remain in the State Governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the internal order and prosperity of the State." I shall often have occasion to quote "The Federalist" in this work. When the bill which has since become the Constitution of the United States was submitted to the approval of the people, and the discussions were still pending, three men, who had already acquired a portion of that celebrity which they have since enjoyed - John Jay, Hamilton, and Madison - formed an association with the intention of explaining to the nation the advantages of the measure which was proposed. With this view they published a series of articles in the shape of a journal, which now form a complete treatise. They entitled their journal "The Federalist," a name which has been retained in the work. "The Federalist" is an excellent book, which ought to be familiar to the statesmen of all countries, although it especially concerns America.]
Prerogative Of The Federal Government
Power of declaring war, making peace, and levying general taxes vested in the Federal Government - What part of the internal policy of the country it may direct - The Government of the Union in some respects more central than the King's Government in the old French monarchy.
The external relations of a people may be compared to those of private individuals, and they cannot be advantageously maintained without the agency of a single head of a Government. The exclusive right of making peace and war, of concluding treaties of commerce, of raising armies, and equipping fleets, was granted to the Union. *h The necessity of a national Government was less imperiously felt in the conduct of the internal policy of society; but there are certain general interests which can only be attended to with advantage by a general authority. The Union was invested with the power of controlling the monetary system, of directing the post office, and of opening the great roads which were to establish a communication between the different parts of the country. *i The independence of the Government of each State was formally recognized in its sphere; nevertheless, the Federal Government was authorized to interfere in the internal affairs of the States *j in a few predetermined cases, in which an indiscreet abuse of their independence might compromise the security of the Union at large. Thus, whilst the power of modifying and changing their legislation at pleasure was preserved in all the republics, they were forbidden to enact ex post facto laws, or to create a class of nobles in their community. *k Lastly, as it was necessary that the Federal Government should be able to fulfil its engagements, it was endowed with an unlimited power of levying taxes. *l
[Footnote h: See Constitution, sect. 8; "Federalist," Nos. 41 and 42; Kent's "Commentaries," vol. i. p. 207; Story, pp. 358-382; Ibid. pp. 409-426.]
[Footnote i: Several other privileges of the same kind exist, such as that which empowers the Union to legislate on bankruptcy, to grant patents, and other matters in which its intervention is clearly necessary.]
[Footnote j: Even in these cases its interference is indirect. The Union interferes by means of the tribunals, as will be hereafter shown.]
[Footnote k: Federal Constitution, sect. 10, art. I.]
[Footnote l: Constitution, sects. 8, 9, and 10; "Federalist," Nos. 30-36, inclusive, and 41-44; Kent's "Commentaries," vol. i. pp. 207 and 381; Story, pp. 329 and 514.]
In examining the balance of power as established by the Federal