« 上一頁繼續 »
PART II. Of the nature, extent, and limitation of the powers
vested in the National Government, and the re. straints imposed on the States, reduced to different
classes, as they relate Ch. 1. To security from foreigo danger; which class com
prehends the powers 1. Of declaring war, and granting letters of marque • and reprisal. 2. Of making rules concerning captures by land
and water. 3. or providing armies and fleets, and regulating
and calling forth the militia.
4. Of levying taxes and borrowing money. Ch. 2. To intercourse with foreign nations; comprising the
powers . 1. To make treaties, and to send and receive am.
bassadors and other public ministers and con
suls. 2. To regulate foreign commerce, including the
power to prohibit the importation of slaves. 3. To define and purish piracies and felonies com
mitted on the High Seas, and offences against the
- laws of nations. Ch. 3. To the maintenance of harmony and proper inter
course amongst the States, including the pow
]. To regulate commerce amongst the several
the standard of weights and measures.
the securities and public coin of the United States. 5. To establish an uniform rule of naturalization. 6. To establish uniform laws on the subject of
bankruptcies. ".. 7. To prescribe, by penal laws, the manner in which
the public acts, records, and judicial proceedings of each State shall be proved, and the effect they
shall have in other States. Ch. 4. To certain miscellaneous objects of general utility ;
comprehending the powers 1. To promote the progress of science and the · useful arts. 2. To exercise exclusive legislation over the dis
trict within which the seat of government should be permanently established; and over all places purchased by consent of the State legislatures for the erection of forts, magazines, arsenals,
dock-yards, and other needsul 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 ameading 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 lawsul 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, withonit 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
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 the 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 affirma- . tion 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 establisbment 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 i
2. Constitutional Law, is that branch of jurisprudence which treats of those principles-of the praetical 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, ou any two of the simple forms are united.