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Seite 130 - ... would cripple the government and render it unequal to the objects for which it is declared to be instituted, and to which the powers given, as fairly understood, render it competent: then we cannot perceive the propriety of this strict construction, nor adopt it as the rule by which the constitution is to be expounded.
Seite 131 - It is not intended to say that these words comprehend that commerce which is completely internal, which is carried on between man and man in a state, or between different parts of the same state, and whicH does not extend to or affect other states. Such a power would be inconvenient, and is certainly unnecessary. Comprehensive as the word "among" is, it may very properly be restricted to that commerce which concerns more states than one.
Seite 114 - These powers ought to exist without limitation, because it is impossible to foresee or define the extent and variety of national exigencies, or the correspondent extent and variety of the means which may be necessary to satisfy them. The circumstances that endanger the safety of nations are infinite, and for this reason no constitutional shackles can wisely be imposed on the power to which the care of it is committed.
Seite 133 - They form a portion of that immense mass of legislation, which embraces everything within the territory of a state, not surrendered to the general government ; all which can be most advantageously exercised by the states themselves.
Seite 132 - They either join each other, in which case they are separated by a mathematical line, or they are remote from each other. in which case other states lie between them. What is commerce "among" them; and how is it to be conducted? Can a trading expedition between two adjoining states commence and terminate outside of each? And if the trading intercourse be between two states remote from each other, must it not commence in one, terminate in the other, and probably pass through a third?
Seite 91 - ... to be recovered by proceedings in the proper district court of the United States. In all such proceedings the United States district attorney for such district shall appear on behalf of the United States ; and all such proceedings shall be conducted in accordance with the rules and laws governing cases of seizure of vessels for violation of the revenue laws of the United States.
Seite 49 - America, for the payment of which, well and truly to be made, we bind ourselves, and each of us, and each of our heirs, executors, and administrators, firmly, by these presents.
Seite 132 - If, as has always been understood, the sovereignty of Congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations and among the several States is vested in Congress as absolutely as it would be in a single government having in its constitution the same restrictions on the exercise of the power as are found in the Constitution of the United States.
Seite 128 - All experience shows that the same measures, or measures scarcely distinguishable from each other, may flow from distinct powers ; but this does not prove that the powers themselves are identical. Although the means used in their execution may sometimes approach each other so nearly as to be confounded, there are other situations in which they are sufficiently distinct to establish their individuality.