FREE BOOKS

Author's List




PREV.   NEXT  
|<   521   522   523   524   525   526   527   528   529   530   531   532   533   534   535   536   537   538   539   540   541   542   543   544   545  
546   547   548   549   550   551   552   553   554   555   556   557   558   559   560   561   562   563   564   565   566   567   568   569   570   >>   >|  
ith the legislatures of the States, Congress cannot constitutionally pass ex post facto laws in criminal cases, nor suspend the writ of habeas corpus, nor pass a bill of attainder, nor abridge the freedom of speech and of the press, nor invade the right of the people to be secure in their persons, houses, papers, and effects, nor enact laws respecting an establishment of religion. These are general limitations. Congress cannot do these things _any where_. The exact import, therefore, of the clause "in all cases whatsoever," is, _on all subjects within the appropriate sphere of legislation_. Some legislatures are restrained by constitutions, from the exercise of powers strictly within the proper sphere of legislation. Congressional power over the District has no such restraint. It traverses the whole field of legitimate legislation. All the power which any legislature has within its own jurisdiction, Congress holds over the District of Columbia. It has been objected that the clause in question respects merely police regulations, and that its sole design was to enable Congress to protect itself against popular tumults. But if the convention that framed the Constitution aimed to provide for a _single_ case only, why did they provide for "_all_ cases whatsoever?" Besides, this clause was opposed in many of the state conventions, because the grant of power was not restricted to police regulations _alone_. In the Virginia Convention, George Mason, the father of the Virginia Constitution, Patrick Henry, Mr. Grayson, and others, assailed it on that ground. Mr. Mason said, "This clause gives an unlimited authority in every possible case within the District. He would willingly give them exclusive power as far as respected the police and good government of the place, but he would give them no more." Mr. Grayson said, that control over the _police_ was all-sufficient, and "that the Continental Congress never had an idea of exclusive legislation in all cases." Patrick Henry said, "Is it consistent with any principle of prudence or good policy, to grant _unlimited, unbounded authority?_" Mr. Madison said in reply: "I did conceive that the clause under consideration was one of those parts which would speak its own praise. When any power is given, its delegation necessarily involves authority to make laws to execute it.... The powers which are found necessary to be given, are therefore delegated _generally_, and particular and minute
PREV.   NEXT  
|<   521   522   523   524   525   526   527   528   529   530   531   532   533   534   535   536   537   538   539   540   541   542   543   544   545  
546   547   548   549   550   551   552   553   554   555   556   557   558   559   560   561   562   563   564   565   566   567   568   569   570   >>   >|  



Top keywords:

Congress

 
clause
 
legislation
 

police

 
authority
 
District
 
sphere
 

powers

 

whatsoever

 

unlimited


Grayson
 
exclusive
 

Patrick

 
provide
 
Constitution
 

Virginia

 
regulations
 

legislatures

 

willingly

 

constitutionally


respected

 

government

 

States

 

George

 

father

 

Convention

 

attainder

 
restricted
 
corpus
 

habeas


ground

 

criminal

 
suspend
 

assailed

 

control

 

delegation

 

praise

 

necessarily

 

involves

 
generally

minute

 

delegated

 

execute

 

consideration

 
consistent
 

sufficient

 

Continental

 

principle

 

prudence

 

conceive