« 上一頁繼續 »
purchased by consent of the State legislatures for the erection of forts, magazines, arsenals,
dock-yards, and other needful buildings. 3. To declare the punishment of treason against
the United States. 4. To admit new States into the Union. 5. To dispose of, and make all needful rules and
regulations respecting the territory, and other
property of the United States. 6. To guarantee to every State in the Union a re
publican form of government; and to protect each of them from invasion and domestic vio
lence. 7. To propose amendments to the Constitution, • and to call conventions for amending it, upon the
application of two thirds of the States. Ch. 5. To the Constitutional restrictions on the powers of
the several States; which are 1. Absolute restrictions, prohibiting the States from 1. Entering into any treaty of alliance or
confederation. 2. Granting letters of marque and reprisal. 3. Coining money; emitting bills of credit;
or making any thing but gold or silver coin
a lawful tender in payment of debts. • 4. Passing any bill of attainder, ex post facto
law, or law impairing the obligation of con
5. Granting any title of nobility. 2. Qualified limitations ; prohibiting the States, without the consent of Congress, from 1. Laying imposts on imports or exports, or
duties on tonnage. 2. Keeping troops or ships of war in time of
peace. 3. Entering into any agreement or compact
with another State, or with a foreign power. 4. Engaging in war, unless actually invaded,
or in such imminent danger as will not ad
mit delay. Ch. 6. To the provisions for giving efficacy to the powers
vested in the Government of the United States;
consisting of 1. The power of making all laws necessary and
proper for carrying into execution the other enumerated powers,
2. The declaration that the Constitution and laws
of the United States and all treaties under their
authority, shall be the Supreme Law of the land. 3. The powers specially vested in the Executive
and Judicial departments, and particularly the provision extending the jurisdiction of the latter
to all cases arising under the Constitution. 4. The requisition upon tbe Senators and Repre
sentatives in Congress; the members of the State Legislatures ; and all Executive and Judicial officers of the United States and of the several States, to be bound by oath or affirmation to support the Constitution of the United
States. 5. The provision that the ratifications of the Con
ventions of nine Siates should be sufficient for the establishment of the Constitution between
the States ratifying the same. Conclusion.
1. A Constitution, in its legal and political sense, signifies the fundamental principles on which a Government is formed.
2. Constitutional Law, is that branch of jurisprudence which treats of those principles—of the praotical exercise of the powers of Government in conformity with them; and of the construction to be given to them-in such their application.
3. The origin of political Constitutions is as various as their different forms; and Governments in their form are either simple or mixed.
4. The simple forms of Government are
1. Monarchy, where all power is vested in a sin. • gle individual. 2. An Aristocracy, where the powers of Govern
ment are exercised by a select number, or
a single body of men. And, 3. A Democracy, in which all power is retained
in the hands of the People, or of the society at large.
5. A mixed Government, is where all three, or any two of the simple forms are united.
6. A Constitution may exist under any of these forms, if the Government be administered according to established rules and principles, and be the result of general consent, either actually expressed or fairly to be implied.
7. Hence a Constitution may be derived from traditionary information, or from the acts and proceedings of the Government itself, as well as from a written compact.
8. The formation of a Constitution, on a single prin. ciple, whether of Monarchy, Aristocracy, or Democracy, is the most practicable and easy mode ; but the union of the three simple forms in due proportions, so that each shall be sufficient to support itself in the exercise of its appropriate funetions, and all be made to harmonize and co-operate, is the most perfect system, and the only true basis for a Democratical Republic.
9. This is effected by the proper relative distribution of the powers of Government amongst the several branches, according to the principle of representation ; whereby each is constituted, in its respective department, the immediate and co-equal representative of the People, as the direct source of its authority, and the sole ultimate depositary of the sovereign power.
. 10. The powers of Government, are distinguished from each other, as appertaining to the Legislative, Executive, and Judicial departments. In the first of which is vested the power of making Laws, or prescribing rules for the Government of the community ; in the second, that of executing or carrying into effect those Laws; and in the third, the power of expounding and applying them, in their operation upon individuals.