Federal Government and the States: Address Delivered at Norfolk, Va., on June 29, 1907, at the Celebration of the Adoption of the First Virginia Constitution

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G.H. Ellis, 1907 - 33 páginas
 

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Página 32 - If in the opinion of the people the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation, for though this in one instance may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit which the use can at any time...
Página 32 - This natural construction of the original body of the Constitution is made absolutely certain by the Tenth Amendment. This amendment, which was seemingly adopted with prescience of just such contention as the present, disclosed the widespread fear that the national government might, under the pressure of a supposed general welfare, attempt to exercise powers which had not been granted.
Página 32 - But the proposition that there are legislative powers affecting the Nation as a whole which belong to, although not expressed in the grant of powers, is in direct conflict with the doctrine that this is a government of enumerated powers.
Página 33 - In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them : the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them : to the end it may be a government of laws and not of men.
Página 10 - The legitimate object of government is to do for a community of people whatever they need to have done, but cannot do at all, or cannot so well do. for themselves, in their separate and individual capacities.
Página 13 - May it please your Majesty, I have neither eyes to see, nor tongue to speak in this place but as the House is pleased to direct me, whose servant I am here; and humbly beg your Majesty's pardon, that I cannot give any other answer than this to what your Majesty is pleased to demand of me.
Página 32 - If, in the opinion of the People, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in a way which the constitution designates.— But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed...
Página 32 - The people who adopted the Constitution knew that in the nature of things they could not foresee all the questions which might arise in the future, all the circumstances which might call for the exercise of further national powers than those granted to the United States, and, after making provision for an amendment to the Constitution by which any needed additional powers would ho granted, they reserved to themselves all powers not so delegated.
Página 28 - The governmental control which they deem just and necessary they will have. It may be that such control would better be exercised in particular instances by the governments of the States, but the people will have the control they need either from the States or from the National Government; and if the States fail to furnish it in due measure, sooner or later constructions of the Constitution will be found to vest the power where it will be exercised, — in the national Government.
Página 32 - That this is such a government clearly appears from the Constitution, independently of the amendments, for otherwise there would be an instrument granting certain specified things made operative to grant other and distinct things. This natural construction of the original body of the Constitution is made absolutely certain by the Tenth Amendment.

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