FREE BOOKS

Author's List




PREV.   NEXT  
|<   54   55   56   57   58   59   60   61   62   63   64   65   66   >>  
n have differed as to its true construction, and their differing interpretations are mainly the result of adherence to one or the other of the adverse principles already stated--the one aiming to amplify the jurisdiction of the Federal government by liberal or latitudinarian construction--the other aiming to limit it by strict construction. The National, or Hamilton, school of politicians hold that the Constitution is not a compact between the States, but a system of National Government ordained and established by the People of the United States--and Mr. H. asserted "that it belongs to the discretion of the national legislature to pronounce upon the subjects which concern the GENERAL WELFARE." John Adams, an ultra Federalist, in his letters to Roger Sherman in 1789, attempted to show that the Federal government is "a monarchial republic," or, "limited monarchy," and contended that the President should have been an integral part of the national legislature by being invested with an absolute veto power. The Democratic, or Jefferson school of politicians, on the contrary, hold that the Constitution is a compact between sovereign and independent States, and the government formed by it one of strictly limited and defined powers, delegated by the States. Among the eminent men who have adopted _the national_ theory of the constitution, were Mr. Hamilton, Chief Justice Marshall, Justice Story and Mr. Webster, and to their great abilities and powers of argument, may in part be attributed the fact that the decisions of the Supreme Court of the United States on constitutional questions of a political character, have favored the national or anti democratic theory of interpretation. These great men were federalists, and no one can doubt that their general political views have given shape and color to their legal arguments and opinions. The people, to whose welfare democratic principles are vital, have not always yielded to the opinions and reasoning of the Supreme Court, or of the Federal school of statesmen and jurists; but have gradually from time to time by their clearly expressed will in the popular elections, imposed just restraints upon the action of the Federal government. They have thus repeatedly voted down a National Bank, a high protective tariff, a national system of internal improvements, and other kindred measures, based, like the attempt to abolish slavery, upon the same constitutional theory, that the Federal
PREV.   NEXT  
|<   54   55   56   57   58   59   60   61   62   63   64   65   66   >>  



Top keywords:

Federal

 

States

 

national

 
government
 

National

 

school

 

theory

 
construction
 

powers

 

political


United

 

compact

 
democratic
 

limited

 

Justice

 
opinions
 

legislature

 

Constitution

 

system

 

constitutional


Supreme
 

principles

 
aiming
 

Hamilton

 

politicians

 

general

 

attributed

 

Webster

 
character
 

favored


questions
 

argument

 

arguments

 

decisions

 
abilities
 

interpretation

 

federalists

 

popular

 
protective
 

tariff


repeatedly

 

internal

 

improvements

 

abolish

 
slavery
 

attempt

 

kindred

 

measures

 
action
 

reasoning