New Views of the Constitution of the United States

New Views of the Constitution of the United States

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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. 1823 edition. Excerpt: ...a government partly federal, and partly national; and that it also invested a court with supreme power. Mr. Hamilton, by giving supreme power to a federal government, adheres to his preference of the English system. Mr. Madison gives no supremacy to either portion of his government, nor to both portions united. How are his federal and national features to preserve themselves, if they are both subjected to a supremacy of judges? Is the supreme court partly national and partly federal? He finds these features in the house of representatives and the senate, but the court represents neither the people nor the states. He uses representation to define the nature of the government, and rejects representation as the basis of power. Imagine a government compounded of monarchical and republican principles, and that a few judges should be invested with a supreme power to regulate both these principles, so that they could neither control each other, nor preserve themselves. Would the government be, in reality, partly monarchical and partly republican? Supremacy is an attribute of government, and subordination an attribute of a judicial department. Mr. Madison exchanges these attributes. He asserts that we have a government partly national and partly federal, in consequence of popular and state representation. But he reasons forcibly to prove, that this government possesses no inexplicit supreme power, that its powers are not augmented by its national feature, and that these powers are limited by the delegations expressed. If the national feature gives no additional power to Congress, how can it extend the jurisdiction of the court? If the constitution had established a national government, its attribute, supremacy, must have been attached to it; and...
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Product details

  • Paperback | 112 pages
  • 189 x 246 x 6mm | 213g
  • United States
  • English
  • black & white illustrations
  • 1236795369
  • 9781236795366