Commentaries on the Constitution of the United States Volume 1 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1851 edition. Excerpt: ... necessity of adjusting a most artificial and intricate system of revenue and commercial laws to the changes made in them by the operation of the treaty; and of adapting new provisions and precautions to the new state of things, to keep the machine from running into disorder. In this respect, therefore, there is no comparison between the intended power of the president and the actual power of 1 The Federalist, No. 22, 75; 2 Elliot's Debates, 368. In the convention, a proposition to reqnire the assent of two thirds of all the members of the senate, was rejected by the vote of eight states against three. Another, to reqnire that no treaty shall be made unless two thirds of the whole number of senators were present, was also rejected by the vote of six states against five. Another, to reqnire a majority of all the members of the senate to make a treaty, was also rejected by the vote of six states against five. Another, to reqnire that all the members should be summoned, and have time to attend, shared a like fate, by the vote of eight states against three. Journal of Convention, 343, 344. the British sovereign. The one can perform alone what the other can only do with the concurrence of a branch of the legislature. It must be admitted that, in this instance, the power of the federal executive would exceed that of any state executive. But this arises naturally from the exclusive possession, by the union of that. part of the sovereign power which relates to treaties. If the confederacy were to be dissolved, it would become a question whether the executives of the several states were not solely invested with that delicate and important prerogative."i 1522. Upon the whole it is difficult to perceive how the treaty-making power could have been...