The National Government. the State Governments (Paperback)

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. 1891 edition. Excerpt: ...and expanded. The nature of these expansions will appear from the nature of the Federal government. It is a government of delegated and specified powers. The people have entrusted to it, not the plenitude of their own authority but certain enumerated functions, and its lawful action is limited to these functions. Hence, when the Federal executive does an act, or the Federal legislature passes a law, the question arises--Is the power to do this act or pass this law one of the powers which the people have by the Constitution delegated to their agents 'l The power may never have been exerted before. It may not be found expressed, in so many words, in the Constitution. Nevertheless it may, upon the true construction of that instrument, taking one clause with another, be held to be therein contained. '01' interpretation proper, for it turns on the determination of the meaning of the 1 For example, the question whether an agreement carried out between a State and an individual by a legislative act of a State is a " contract " within the meaning of the prohibition against impairing the obligation of a contract, is a question term "contract." The question whether Congress had power to pass an act emancipating the slaves of persons aiding in a rebellion was a question of construction, because the case did not directly arise under any provision of the Constitution, and was apparently not contemplated by the framers thereof. It was a question which had to be solved by considering what the war powers contained in the Constitution might be taken to imply. The question whether the National government has power to issue treasury notes is also a question of construction, because, although this is a case which may...