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Constitution with respect to the importation of Slaves, and the proportional imposition of capitation and other direct taxes; and that “no State without its consent shall be deprived of its equal suffrage in the Senate.”
752. Twelve amendments have been incorporated into the Constitution since its adoption; most of which have been explained in considering the subjects to which they respectively relate, and they are principally declaratory of the inalienable rights of individuals, or of those civil and political privileges which Society provides as the substitutes or auxiliaries of natural rights. .
753. The amendments not already treated of, are also declaratory; and provide, by way of greater caution, that "the enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the People;" and that "the powers not delegated to the United States, are reserved to the States respectively, or to the People.”
• 754. The former of these amendments was intended to prevent any perverse or ingenious misapplicą. tion of the maxim, that" an affirmation in particular cases implies a negation in all others; and that a negation in particular cases implies an affirmation in all others."
755. The amendment last specified, is merely an affirmation of a necessary rule for the interpretation of the Constitution ;, which, being an instrument of limited and enumerated powers, what is not conferred by it, is withheld, and is retained by the State Governments, if vested in them by their Constitutions ; and if not, remains with the People as a portion of their residuary sovereignty. ... . . .
756. This amendment, however, does not confine the National Government to the exercise of express powers; and implied powers must 'necessarily have been admitted, unless the Constitution had descended to the regulation of the minutest details of legislation. . .
757. It is a general principle, that all bodies politic possess all the powers incident to a corporate capacity, without an express declaration to that effect; and one of those defects of the confederation which led to its abolition, was its prohibiting Congress from the exercise of any power “not expressly delegated.”
758. It could never, therefore, have been intended by the amendment in question, to abridge any of the Powers granted under the new Constitution, whether express or implied, director incidental; but its manifest and sole design was, to exclude any interpretation by which other powers should be assumed beyond those which had been granted.
759. All the powers granted by the Constitution to the Government of the Union, whether express or implied,—direct or incidental, are left by the amendment in their original state; whilst all powers “ not delegated,” (not all powers “not expressly delegated;") and not prohibited, are reserved. •
OF THE CONSTITUTIONAL RESTRICTIONS ON THE POWERB
OF THE SEVERAL STATES.
760. The restrictions contained in the Federal Constitution on the powers of the States, have been distinguished into two sorts: the first, comprehend
ing those limitations which are absolute; the second, such as are qualifieds ..
761. The restrictions embraced by the former, prohibit any State from entering into any Treaty of Alliance or Confederation, from granting Letters of Marque and Reprisal, coining money, emitting bills of credit, or making any thing but gold or silver coin a tender in payment of debts; from passing any bill of Attainder, ex post facto Law, or Law-impairing the obligation of Contracts; and from granting any title of nobility. · 1762. The policy of the prohibition against Treaties, Alliances, and Confederations by the several States, is justified by the advantage of uniformity in all matters relating to foreign intercourse ; and by the necessity of an immediate responsibility to the Nation, of all those for whom the Nation is responsible to others.
763. If every State were at liberty to enter into Treaties, Alliances, and Confederacies with foreign States, or with other members of the Union, the power confided to the National Government, in regard to the former, would be rendered nugatory; whilst the whole Constitution might be subverted by the exercise of such a power amongst the States themselves.
764. The prohibition to grant Letters of Marque and Reprisal, is supported on the same general grounds of policy; as otherwise it would be in the power of a single State to involve the whole Union in war, at its pleasure ; and although the issuing of Letters of Marque and Reprisal, is not always designed as a
preliminary or provocation to war, yet in its essence · it is a measure of hostile retaliation for unredressed
grievances, real or supposed, and is most generally succeeded by open hostilities.
765. The prohibition of the States to "coin money,” was necessary to give complete effect to the power of the Union, in relation to the current coin ; and it arose from a consideration of the danger and facility of circulating base and spurious coins, where the coins are various in value and denomination, and issued by several independent and irresponsible authorities.
766. The prohibition to “emit bills of credit,” was amply justified by the losses sustained between the war of the Revolution and the adoption of the Constitution, from the fatal effects of paper money, and their injurious effects on public and private confidence, on the industry and morals of the people, on the National reputation, and on the character of Republicanism itself.
767. Were each state at liberty to regulate the value of its currency, whether of coin or of paper, there might be as many different currencies as there are States; and the commercial intercourse between them would be proportionally impeded; whilst retrospective alterations of the value of its currency, might be made by any State, in fraud, not only of its own Citizens, but of those of other States, as well as of the subjects of foreign powers ; whereby harmony amongst the States, and confidence and peace with other Nations, would be interrupted, if not destroyed.
768. This restriction on the power of the States, in connexion with the prohibition to make any thing but gold or silver coin a tender in payment of debts, (which power is withdrawn from the States on the same principle,) has received a Judicial construction
of the utmost importance, both to the rights of the States and the authority of the General Government.
769. Although the term “ bills of credit," in its enlarged, and perhaps in its literal sense, may com. prehend any instrument by which a State engages to pay money at a future day, thus including a certificate given for money borrowed ; yet the language of the Constitution, and the mischiefs intended to be prevented, have been held equally to limit its interpretation to paper redeemable at a future day, in anticipation of the public resources, and intended to circulate through the community for its ofdinary purposes as money. . .
770. The Constitution considers the emission of bills of credit, and the enactment of tender Laws, as distinct operations, which may be separately performed independently of each other; and to hold that bills of credit may be emitted, if not made a lawful tender in payment of debts, would be in effect to expunge that distinct and independent prohibition from the Constitution.
, 771. Bills of Attainder, ex post facto Laws, and Laws impairing the obligation of Contracts, are contrary to the first principles of the social Contract, and to every principle of sound legislation: the two former are also expressly prohibited to Congress by the Federal Constitution, and to some of the State Legislatures, by declarations of rights prefixed to their Constitutions.
772. Bills of Attainder are such special Acts of the Legislature as inflict capital punishment upon persons whom they declare to be guilty of high offences, without trial or conviction in the ordinary course of judicial proceedings. They have generally been confined