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Brownson, Orestes Augustus, 1803-1876

"The American Republic : constitution, tendencies and destiny"

No
State shall, without the consent of Congress, lay any duty of
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 powers denied to the States in some matters which are rather
private and particular, such as bills of attainder, ex post
facto laws, laws impairing the obligation of contracts, granting
titles of nobility, are denied equally to the General government.
There is evidently a profound logic in the constitution, and
there is not a single provision in it that is arbitrary, or
anomalous, or that does not harmonize dialectically with the
whole, and with the real constitution of the American people. At
first sight the reservation to the State of the appointment of
the officers of the militia might seem an anomaly; but as the
whole subject of internal police belongs to the State, it should
have some military force at its command. The subject of
bankruptcies, also, might seem to be more properly within the
province of the State, and so it would be if commerce between the
several States had not been placed under Congress, or if trade
were confined to the citizens of the State and within its
boundaries; but as such is not the case, it was necessary to
place it under the General government, in order that laws on the
subject might be uniform throughout the Union, and that the
citizens of all the States, and foreigners trading with them,
should be placed on an equal footing, and have the same remedies.


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