Cambridge Library of Law Classics

Cambridge Library of Law Classics

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...but an immediate constitutional repugnancy that can by implication alienate and extinguish a pre-existing right of sovereignty. The necessity of a concurrent jurisdiction in certain cases results from the division of the sovereign power; and the rule that all authorities, of which the States are not explicitly divested in favor of the Union, remain with them in full vigor, is not a theoretical consequence of that division, but is clearly admitted by the whole tenor of the instrument which contains the articles of the proposed Constitution. We there find that, notwithstanding the affirmative grants of general authorities, there has been the most pointed care in those cases where it was deemed improper that the like authorities should reside in the States, to insert negative clauses prohibiting the exercise of them by the States. The tenth section of the first article consists altogether of such provisions. This circumstance is a clear indication of the sense of the convention, and furnishes a rule of interpretation out of the body of the act, which justifies the position I have advanced and refutes every hypothesis to the contrary. Punuus. From M: Daily Adv/ertzlrer, fanuary 3, 1788. THE FEDERALIST. NO. XXXHI. (I-IAMILTON.) T 0 the People of the State of New York. Tm: residue of the argument against the provisions of the Constitution in respect to taxation is ingrafted upon the following clause. The last clause of the eighth section of the first article of the plan under consideration authorizes the national legislature " to make all laws which shall be nscsssanY and PROPER for carrying into execution rm; rowEns by that Constitution vested in the government of the United States, or in any department or oflicer thereof"; and the...show more

Product details

  • Paperback | 138 pages
  • 189 x 246 x 8mm | 259g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236766334
  • 9781236766335