Federalist Papers No 49; Guarding Against Encroachments, Constitutional Conve...Chuck Thompson
FEDERALIST No. 49. Method of Guarding Against the Encroachments of Any One Department of Government by Appealing to the People Through a Convention. http://www.gloucestercounty-va.com Visit us.
Federalist Papers No 26, Restraining Legislative Authority Regarding DefenseChuck Thompson
Federalist Papers No 26, Restraining Legislative Authority Regarding Defense. Liberty Education series. Gloucester, Virginia Links and News, GVLN, website. Visit us for the uncommon.
Federalist Papers No 49; Guarding Against Encroachments, Constitutional Conve...Chuck Thompson
FEDERALIST No. 49. Method of Guarding Against the Encroachments of Any One Department of Government by Appealing to the People Through a Convention. http://www.gloucestercounty-va.com Visit us.
Federalist Papers No 26, Restraining Legislative Authority Regarding DefenseChuck Thompson
Federalist Papers No 26, Restraining Legislative Authority Regarding Defense. Liberty Education series. Gloucester, Virginia Links and News, GVLN, website. Visit us for the uncommon.
The solution is the constitution not artilce vmiscott57
With a surge of pressure being put on state legislators this year to apply for an Article V convention, here are three reasons to oppose all such constitutional convention applications.
Calls for a Constitutional Convention are exercises in misdirection. The Constitution doesn't need fixing; government officials who violate it need to be removed.
Federalist Papers No 21, Other Defects of The Present ConfederationChuck Thompson
Federalist Papers No 21, Other Defects of The Present Confederation. Liberty Education Series on Gloucester, Virginia Links and News, GVLN, website. Visit us for great content.
Article v convention / Why not? here's why notRobert Powell
Constitutional education-- American Government-- The rational reasoning and rebuttal to the Article V Convention.
James Madison letter voicing his deep concern.
Anti Federalist Papers No 44, What Congress Can DoChuck Thompson
Anti Federalist Papers No 44, What Congress Can Do, Liberty Education Series, http://www.gloucestercounty-va.com Gloucester, Virginia Links and News website. Visit us for the uncommon.
Federalist Papers No 42, Powers of The Constitution cont.Chuck Thompson
Federalist Papers No 42, Powers of The Constitution cont. Liberty Education Series. Gloucester Virginia Links and News website. Visit us. http://www.gloucestercounty-va.com
Anti Federalist Papers No. 46 – "WHERE THEN IS THE RESTRAINT?" http://www.gloucestercounty-va.com Visit us for more American history. Liberty Education Series
Top of FormLesson 3 CongressExpected OutcomesTo und.docxedwardmarivel
Top of Form
Lesson 3: Congress
Expected Outcomes
To understand the structure and process of the Legislative Branch, and to be familiar with both sides of the debate surrounding electronic voting and other controversies.
Overview
The US Constitution provides for "separation of powers" and "checks and balances," but it is still fair to claim that the Founding Fathers anticipated that Congress would be the branch that gave clearest voice to the diverse opinions and aspirations of voters.
That's partly why its duties and responsibilities are included in Article I of the Constitution. The principal architect of the US Constitution, James Madison, made this clear in The Federalist Papers #51:
"But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates."
James Madison also feared excessive power in the Congress, which is why he and others settled on the proposal for a "bicameral" legislative branch: a House of Representatives and a Senate. For a bill to become a law, it would have to pass both houses of Congress, which is difficult.
As James Madison continued:
"The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit. It may even be necessary to guard against dangerous encroachments by still further precautions."
While Madison and others were acutely aware of the potential tyranny of a single despot, king or even president, they were also cautious about the concept of "direct democracy," suspecting that Congress might become a vehicle for "tyranny of the majority." In such a tyranny, a majority would begin to restrict the rights of individuals and minorities.
A Joint Session of Congress
As James Madison wrote in The Federalist #10:
“A pure democracy can admit no cure for the mischief of faction. A common passion or interest will be felt by a majority, and there is nothing to check the inducements to sacrifice the weaker party. Hence it is, that democracies have ever been found incompatible with personal security or the rights of property; and have, in general, been as short in their lives as they have been violent in their deaths.”
He saw direct democracy as a danger to individual rights and advocated a representative democracy (also called a republic), in order to protect what he viewed as individual liberty from majority rule, or from the effects of such inequality within society.
"The tyranny of the Legislature is really the danger most to be feared, and will continue to be so for many years to come. The tyranny of the executive power will come in its turn, but at a more distant period."
-Thomas Jefferson
Alexis de Tocqueville, in Democracy in America, also raised the problem of an overly-strong le ...
The solution is the constitution not artilce vmiscott57
With a surge of pressure being put on state legislators this year to apply for an Article V convention, here are three reasons to oppose all such constitutional convention applications.
Calls for a Constitutional Convention are exercises in misdirection. The Constitution doesn't need fixing; government officials who violate it need to be removed.
Federalist Papers No 21, Other Defects of The Present ConfederationChuck Thompson
Federalist Papers No 21, Other Defects of The Present Confederation. Liberty Education Series on Gloucester, Virginia Links and News, GVLN, website. Visit us for great content.
Article v convention / Why not? here's why notRobert Powell
Constitutional education-- American Government-- The rational reasoning and rebuttal to the Article V Convention.
James Madison letter voicing his deep concern.
Anti Federalist Papers No 44, What Congress Can DoChuck Thompson
Anti Federalist Papers No 44, What Congress Can Do, Liberty Education Series, http://www.gloucestercounty-va.com Gloucester, Virginia Links and News website. Visit us for the uncommon.
Federalist Papers No 42, Powers of The Constitution cont.Chuck Thompson
Federalist Papers No 42, Powers of The Constitution cont. Liberty Education Series. Gloucester Virginia Links and News website. Visit us. http://www.gloucestercounty-va.com
Anti Federalist Papers No. 46 – "WHERE THEN IS THE RESTRAINT?" http://www.gloucestercounty-va.com Visit us for more American history. Liberty Education Series
Top of FormLesson 3 CongressExpected OutcomesTo und.docxedwardmarivel
Top of Form
Lesson 3: Congress
Expected Outcomes
To understand the structure and process of the Legislative Branch, and to be familiar with both sides of the debate surrounding electronic voting and other controversies.
Overview
The US Constitution provides for "separation of powers" and "checks and balances," but it is still fair to claim that the Founding Fathers anticipated that Congress would be the branch that gave clearest voice to the diverse opinions and aspirations of voters.
That's partly why its duties and responsibilities are included in Article I of the Constitution. The principal architect of the US Constitution, James Madison, made this clear in The Federalist Papers #51:
"But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates."
James Madison also feared excessive power in the Congress, which is why he and others settled on the proposal for a "bicameral" legislative branch: a House of Representatives and a Senate. For a bill to become a law, it would have to pass both houses of Congress, which is difficult.
As James Madison continued:
"The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit. It may even be necessary to guard against dangerous encroachments by still further precautions."
While Madison and others were acutely aware of the potential tyranny of a single despot, king or even president, they were also cautious about the concept of "direct democracy," suspecting that Congress might become a vehicle for "tyranny of the majority." In such a tyranny, a majority would begin to restrict the rights of individuals and minorities.
A Joint Session of Congress
As James Madison wrote in The Federalist #10:
“A pure democracy can admit no cure for the mischief of faction. A common passion or interest will be felt by a majority, and there is nothing to check the inducements to sacrifice the weaker party. Hence it is, that democracies have ever been found incompatible with personal security or the rights of property; and have, in general, been as short in their lives as they have been violent in their deaths.”
He saw direct democracy as a danger to individual rights and advocated a representative democracy (also called a republic), in order to protect what he viewed as individual liberty from majority rule, or from the effects of such inequality within society.
"The tyranny of the Legislature is really the danger most to be feared, and will continue to be so for many years to come. The tyranny of the executive power will come in its turn, but at a more distant period."
-Thomas Jefferson
Alexis de Tocqueville, in Democracy in America, also raised the problem of an overly-strong le ...
The US Constitution is a written contract between Government of the US and the citizen enforceable by the court system.
See the Constitution of the United States here: http://www.constitution.org/constit_.htm
The Constitution of the United States is a agreement between the governement and the US Citizen enforceable by a court of law.
See the Constitution of the United States here: http://www.constitution.org/constit_.htm
The United States Constitution is a agreement between Government of the United States and the US Citizen enforceable by the legal system.
Find the US Constitution here: http://www.constitution.org/constit_.htm
Federalist Papers No 32 General Power of Taxation, cont.Chuck Thompson
FEDERALIST PAPER No. 32. The Same Subject Continued (Concerning the General Power of Taxation). Liberty Education Series. Gloucester, Virginia Links and News website. Visit us.
What is the difference between Madison and Hamiltons interpretation.pdfamirajsharma
What is the difference between Madison and Hamilton's interpretation of Article 1 section 8 of
the Constitution?
US Constitution Article I Section 8 - Powers of Congress
1. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay
the Debts and provide for the common Defense and general Welfare of the United States; but all
Duties, Imposts and Excises shall be uniform throughout the United States;
2. To borrow money on the credit of the United States;
3. To regulate Commerce with foreign Nations, and among the several States, and with the
Indian Tribes;
4. To establish an uniform Rule of Naturalization, and uniform Laws on the subject of
Bankruptcies throughout the United States;
5. To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of
Weights and Measures;
6. To provide for the Punishment of counterfeiting the Securities and current Coin of the United
States;
7. To establish Post Offices and Post Roads;
8. To promote the Progress of Science and useful Arts, by securing for limited Times to Authors
and Inventors the exclusive Right to their respective Writings and Discoveries;
9. To constitute Tribunals inferior to the supreme Court;
10. To define and punish Piracies and Felonies committed on the high Seas, and Offenses against
the Law of Nations;
11. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures
on Land and Water;
12. To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer
Term than two Years;
13. To provide and maintain a Navy;
14. To make Rules for the Government and Regulation of the land and naval Forces;
15. To provide for calling forth the Militia to execute the Laws of the Union, suppress
Insurrections and repel Invasions;
16. To provide for organizing, arming, and disciplining, the Militia, and for governing such Part
of them as may be employed in the Service of the United States, reserving to the States
respectively, the Appointment of the Officers, and the Authority of training the Militia according
to the discipline prescribed by Congress;
17. To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding
ten Miles square) as may, by Cession of particular States, and the acceptance of Congress,
become the Seat of the Government of the United States, and to exercise like Authority over all
Places purchased by the Consent of the Legislature of the State in which the Same shall be, for
the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And
18. To make all Laws which shall be necessary and proper for carrying into Execution the
foregoing Powers, and all other Powers vested by this Constitution in the Government of the
United States, or in any Department or Officer thereof.
10th Amendment: The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respective.
The US Constitution is a written contract between US Government and the citizen enforceable by the court system.
See the United States Constitution here: http://www.constitution.org/constit_.htm
The Constitution is an Enforceable Contractable1appeal
The US Constitution is a contract between the governement and the US Citizen enforceable by a court of law.
See the Constitution here: http://www.constitution.org/constit_.htm
Educating Young People about the Constitution 200 No.docxSALU18
Educating Young People about the Constitution
200 North Glebe Road, Suite 200, Arlington, VA 22203 Phone: 703‐894‐1776 www.BillofRightsInstitute.org
The Virginia and Kentucky
Resolutions
By James Madison and Thomas Jefferson, respectively
The Virginia Resolution:
RESOLVED, That the General Assembly of Virginia, doth unequivocably express a firm
resolution to maintain and defend the Constitution of the United States, and the Constitution of
this State, against every aggression either foreign or domestic, and that they will support the
government of the United States in all measures warranted by the former.
That this assembly most solemnly declares a warm attachment to the Union of the States, to
maintain which it pledges all its powers; and that for this end, it is their duty to watch over and
oppose every infraction of those principles which constitute the only basis of that Union,
because a faithful observance of them, can alone secure itʹs existence and the public happiness.
That this Assembly doth explicitly and peremptorily declare, that it views the powers of the
federal government, as resulting from the compact, to which the states are parties; as limited by
the plain sense and intention of the instrument constituting the compact; as no further valid that
they are authorized by the grants enumerated in that compact; and that in case of a deliberate,
palpable, and dangerous exercise of other powers, not granted by the said compact, the states
who are parties thereto, have the right, and are in duty bound, to interpose for arresting the
progress of the evil, and for maintaining within their respective limits, the authorities, rights
and liberties appertaining to them.
That the General Assembly doth also express its deep regret, that a spirit has in sundry
instances, been manifested by the federal government, to enlarge its powers by forced
constructions of the constitutional charter which defines them; and that implications have
appeared of a design to expound certain general phrases (which having been copied from the
very limited grant of power, in the former articles of confederation were the less liable to be
misconstrued) so as to destroy the meaning and effect, of the particular enumeration which
necessarily explains and limits the general phrases; and so as to consolidate the states by
degrees, into one sovereignty, the obvious tendency and inevitable consequence of which
Educating Young People about the Constitution
would be, to transform the present republican system of the United States, into an absolute, or
at best a mixed monarchy.
That the General Assembly doth particularly protest against the palpable and alarming
infractions of the Constitution, in the two late cases of the ʺAlien and Sedition Actsʺ passed at
the last session of Congress; the first of which exercises a power no where delegated to the
federal government, and which by uniting leg ...
Federalist Papers No 15 Insufficiency to Preserve the UnionChuck Thompson
FEDERALIST No. 15. The Insufficiency of the Present Confederation to Preserve the Union. Liberty Education Series on Gloucester, Virginia Links and News. Visit us for more incredible content. Free Mp3 music downloads, free printable coupons, free national job searches, classic TV and Movies and so much more.
The Journal of The Debates In The Convention Which Framed The Constitution of...Chuck Thompson
Volume two of the journal of debates that created the US Constitution. The real history that few are even aware that exists. Understand the true intentions of the founding fathers. Rare history.
We all have good and bad thoughts from time to time and situation to situation. We are bombarded daily with spiraling thoughts(both negative and positive) creating all-consuming feel , making us difficult to manage with associated suffering. Good thoughts are like our Mob Signal (Positive thought) amidst noise(negative thought) in the atmosphere. Negative thoughts like noise outweigh positive thoughts. These thoughts often create unwanted confusion, trouble, stress and frustration in our mind as well as chaos in our physical world. Negative thoughts are also known as “distorted thinking”.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
The Indian economy is classified into different sectors to simplify the analysis and understanding of economic activities. For Class 10, it's essential to grasp the sectors of the Indian economy, understand their characteristics, and recognize their importance. This guide will provide detailed notes on the Sectors of the Indian Economy Class 10, using specific long-tail keywords to enhance comprehension.
For more information, visit-www.vavaclasses.com
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Students, digital devices and success - Andreas Schleicher - 27 May 2024..pptxEduSkills OECD
Andreas Schleicher presents at the OECD webinar ‘Digital devices in schools: detrimental distraction or secret to success?’ on 27 May 2024. The presentation was based on findings from PISA 2022 results and the webinar helped launch the PISA in Focus ‘Managing screen time: How to protect and equip students against distraction’ https://www.oecd-ilibrary.org/education/managing-screen-time_7c225af4-en and the OECD Education Policy Perspective ‘Students, digital devices and success’ can be found here - https://oe.cd/il/5yV
This is a presentation by Dada Robert in a Your Skill Boost masterclass organised by the Excellence Foundation for South Sudan (EFSS) on Saturday, the 25th and Sunday, the 26th of May 2024.
He discussed the concept of quality improvement, emphasizing its applicability to various aspects of life, including personal, project, and program improvements. He defined quality as doing the right thing at the right time in the right way to achieve the best possible results and discussed the concept of the "gap" between what we know and what we do, and how this gap represents the areas we need to improve. He explained the scientific approach to quality improvement, which involves systematic performance analysis, testing and learning, and implementing change ideas. He also highlighted the importance of client focus and a team approach to quality improvement.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
Thesis Statement for students diagnonsed withADHD.ppt
Fed 44
1. Federalist No. 44
Publius (James Madison)
Restrictions On The Authority Of The Several States
January 25, 1788
Hide summary
This essay examines the fifth and six classes of federal power: 5) “restraint of the States from certain injurious acts,”
and 6) “provisions for giving due efficacy to these powers.” The latter revisits the necessary and proper clause. “Few
parts of the Constitution have been assailed with more intemperance than this; yet on a fair investigation of it, as
has been elsewhere shown, no part can appear more completely invulnerable. Without thesubstance of this power,
the whole Constitution would be a dead letter.” He examines, and rejects, the four choices, other than the one stated
in Article 1, Section 8, clause 18, that were available to the convention: a) adopt the “expressly” delegated language
of the Articles, b) list a “positive enumeration of the powers” attached to the necessary and proper clause, c) list a
“negative enumeration” of the powers not attached, and d) remain “altogether silent on the subject, leaving these
necessary and proper powers to construction and inference.” All the clause is saying is that “wherever a general
power to do a thing is given, every particular power necessary for doing it is included.” And if Congress should abuse
this power? “The people… can, by the election of more faithful representatives, annul the acts of the usurpers.”
–Gordon Lloyd
A fifth class of provisions in favor of the federal authority consists of the following restrictions on the authority of the several
States.
1.”No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of
credit; make anything but gold and silver a legal tender in payment of debts; pass any bill of attainder, ex post facto law, or law
impairing the obligation of contracts; or grant any title of nobility.”
The prohibition against treaties, alliances, and confederations makes a part of the existing articles of Union; and for reasons which
need no explanation, is copied into the new Constitution. The prohibition of letters of marque is another part of the old system,
but is somewhat extended in the new. According to the former, letters of marque could be granted by the States after a declaration
of war; according to the latter, these licenses must be obtained, as well during war as previous to its declaration, from the
government of the United States. This alteration is fully justified by the advantage of uniformity in all points which relate to
foreign powers; and of immediate responsibility to the nation in all those for whose conduct the nation itself is to be responsible.
The right of coining money, which is here taken from the States, was left in their hands by the Confederation as a concurrent right
with that of Congress, under an exception in favor of the exclusive right of Congress to regulate the alloy and value. In this
instance, also, the new provision is an improvement on the old. Whilst the alloy and value depended on the general authority, a
right of coinage in the particular States could have no other effect than to multiply expensive mints and diversify the forms and
weights of the circulating pieces. The latter inconveniency defeats one purpose for which the power was originally submitted to the
federal head; and as far as the former might prevent an inconvenient remittance of gold and silver to the central mint for
recoinage, the end can be as well attained by local mints established under the general authority.
The extension of the prohibition to bills of credit must give pleasure to every citizen in proportion to his love of justice and his
Federalist No. 44 | Teaching American History http://teachingamericanhistory.org/library/document/federalist-no-44/
1 of 4 5/27/2015 10:56 AM
2. knowledge of the true springs of public prosperity. The loss which America has sustained since the peace, from the pestilent effects
of paper money on the necessary confidence between man and man, on the necessary confidence in the public councils, on the
industry and morals of the people, and on the character of republican government, constitutes an enormous debt against the
States chargeable with this unadvised measure, which must long remain unsatisfied; or rather an accumulation of guilt, which can
be expiated no otherwise than by a voluntary sacrifice on the altar of justice of the power which has been the instrument of it. In
addition to these persuasive considerations, it may be observed that the same reasons which show the necessity of denying to the
States the power of regulating coin prove with equal force that they ought not to be at liberty to substitute a paper medium in the
place of coin. Had every State a right to regulate the value of its coin, there might be as many different currencies as States, and
thus the intercourse among them would be impeded; retrospective alterations in its value might be made, and thus the citizens of
other States be injured, and animosities be kindled among the States themselves. The subjects of foreign powers might suffer from
the same cause, and hence the Union be discredited and embroiled by the indiscretion of a single member. No one of these
mischiefs is less incident to a power in the States to emit paper money than to coin gold or silver. The power to make any thing but
gold and silver a tender in payment of debts is withdrawn from the States on the same principle with that of issuing a paper
currency.
Bills of attainder, ex post facto laws, and laws impairing the obligation of contracts, are contrary to the first principles of the social
compact and to every principle of sound legislation. The two former are expressly prohibited by the declarations prefixed to some
of the State constitutions, and all of them are prohibited by the spirit and scope of these fundamental charters. Our own
experience has taught us, nevertheless, that additional fences against these dangers ought not to be omitted. Very properly,
therefore, have the convention added this constitutional bulwark in favor of personal security and private rights; and I am much
deceived if they have not, in so doing, as faithfully consulted the genuine sentiments as the undoubted interests of their
constituents. The sober people of America are weary of the fluctuating policy which has directed the public councils. They have
seen with regret and indignation that sudden changes and legislative interferences, in cases affecting personal rights, become jobs
in the hands of enterprising and influential speculators, and snares to the more-industrious and less informed part of the
community. They have seen, too, that one legislative interference is but the first link of a long chain of repetitions, every
subsequent interference being naturally produced by the effects of the preceding. They very rightly infer, therefore, that some
thorough reform is wanting, which will banish speculations on public measures, inspire a general prudence and industry, and give
a regular course to the business of society. The prohibition with respect to titles of nobility is copied from the Articles of
Confederation and needs no comment.
2. “No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be
absolutely necessary for executing its inspection laws, and the net produce of all duties and imposts laid by any State on imports or
exports shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the
Congress. No State shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships of war in time of peace,
enter into any agreement or compact with another State, or with a foreign power, or engage in war unless actually invaded, or in
such imminent danger as will not admit of delay.”
The restraint on the power of the States over imports and exports is enforced by all the arguments which prove the necessity of
submitting the regulation of trade to the federal councils. It is needless, therefore, to remark further on this head, than that the
manner in which the restraint is qualified seems well calculated at once to secure to the States a reasonable discretion in providing
for the conveniency of their imports and exports, and to the United States a reasonable check against the abuse of this discretion.
The remaining particulars of this clause fall within reasonings which are either so obvious, or have been so fully developed, that
they may be passed over without remark.
The sixth and last class consists of the several powers and provisions by which efficacy is given to all the rest.
Of these the first is the “power to make all laws which shall be necessary and proper for carrying into execution the foregoing
powers, and all other powers vested by this Constitution in the government of the United States, or in any department or
office thereof.”
1.
Few parts of the Constitution have been assailed with more intemperance than this; yet on a fair investigation of it, as has been
elsewhere shown, no part can appear more completely invulnerable. Without the substance of this power, the whole Constitution
would be a dead letter. Those who object to the article, therefore, as a part of the Constitution, can only mean that the form of the
provision is improper. But have they considered whether a better form could have been substituted?
Federalist No. 44 | Teaching American History http://teachingamericanhistory.org/library/document/federalist-no-44/
2 of 4 5/27/2015 10:56 AM
3. There are four other possible methods which the Convention might have taken on this subject. They might have copied the second
article of the existing Confederation, which would have prohibited the exercise of any power not expressly delegated; they might
have attempted a positive enumeration of the powers comprehended under the general terms “necessary and proper”; they might
have attempted a negative enumeration of them by specifying the powers excepted from the general definition; they might have
been altogether silent on the subject, leaving these necessary and proper powers to construction and inference.
Had the convention taken the first method of adopting the second article of Confederation, it is evident that the new Congress
would be continually exposed, as their predecessors have been, to the alternative of construing the term “expressly” with so much
rigor as to disarm the government of all real authority whatever, or with so much latitude as to destroy altogether the force of the
restriction. It would be easy to show, if it were necessary, that no important power delegated by the Articles of Confederation has
been or can be executed by Congress, without recurring more or less to the doctrine of construction or implication. As the powers
delegated under the new system are more extensive, the government which is to administer it would find itself still more
distressed with the alternative of betraying the public interests by doing nothing, or of violating the Constitution by exercising
powers indispensably necessary and proper, but, at the same time, not expressly granted.
Had the convention attempted a positive enumeration of the powers necessary and proper for carrying their other powers into
effect, the attempt would have involved a complete digest of laws on every subject to which the Constitution relates;
accommodated too not only to the existing state of things, but to all the possible changes which futurity may produce; for in every
new application of a general power, the particular powers, which are the means of attaining the object of the general power, must
always necessarily vary with that object, and be often properly varied whilst the object remains the same.
Had they attempted to enumerate the particular powers or means not necessary or proper for carrying the general powers into
execution, the task would have been no less chimerical; and would have been liable to this further objection, that every defect in
the enumeration would have been equivalent to a positive grant of authority. If, to avoid this consequence, they had attempted a
partial enumeration of the exceptions, and described the residue by the general terms not necessary or proper, it must have
happened that the enumeration would comprehend a few of the excepted powers only; that these would be such as would be least
likely to be assumed or tolerated, because the enumeration would of course select such as would be least necessary or proper; and
that the unnecessary and improper powers included in the residuum would be less forcibly excepted than if no partial
enumeration had been made.
Had the Constitution been silent on this head, there can be no doubt that all the particular powers requisite as means of executing
the general powers would have resulted to the government by unavoidable implication. No axiom is more clearly established in
law, or in reason, than that wherever the end is required, the means are authorized; wherever a general power to do a thing is
given, every particular power necessary for doing it is included. Had this last method, therefore, been pursued by the convention,
every objection now urged against their plan would remain in all its plausibility; and the real inconveniency would be incurred of
not removing a pretext which may be seized on critical occasions for drawing into question the essential powers of the Union.
If it be asked what is to be the consequence, in case the Congress shall misconstrue this part of the Constitution and exercise
powers not warranted by its true meaning, I answer the same as if they should misconstrue or enlarge any other power vested in
them; as if the general power had been reduced to particulars, and any one of these were to be violated; the same, in short, as if the
State legislatures should violate their respective constitutional authorities. In the first instance, the success of the usurpation will
depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in the last
resort a remedy must be obtained from the people who can, by the election of more faithful representatives, annul the acts of the
usurpers. The truth is that this ultimate redress may be more confided in against unconstitutional acts of the federal than of the
State legislatures, for this plain reason that as every such act of the former will be an invasion of the rights of the latter, these will
be ever ready to mark the innovation, to sound the alarm to the people, and to exert their local influence in effecting a change of
federal representatives. There being no such intermediate body between the State legislatures and the people interested in
watching the conduct of the former, violations of the State constitutions are more likely to remain unnoticed and unredressed.
2. “This Constitution and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the
authority of the United States, shall be the supreme law of the land, and the judges in every State shall be bound thereby, anything in the constitution or
laws of any State to the contrary notwithstanding.”
The indiscreet zeal of the adversaries to the Constitution has betrayed them into an attack on this part of it also, without which it
would have been evidently and radically defective. To be fully sensible of this, we need only suppose for a moment that the
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