The Virginia Resolution Expressed The Idea That The Union Was An Agreement Between The States

“The law (with respect to aliens) is considered unconstitutional because the removal of aliens is a direct violation of the Constitution, which provides in Section 9 of the first article that the migration or importation of such persons, as each of the states deems appropriate, shall not be prohibited by Congress until 1808.” 6 When the Constitution was the subject of the discussions that preceded its ratification, it is known that many people expressed great fears, so that the omission of a positive derogation from the powers conferred, from certain rights, and in particular from the freedom of the press, could not expose them to the risk of being dragged by the construction within some of the powers conferred on Congress; especially by the power to make all laws necessary and appropriate to carry their other powers in enforcement. In response to this objection, it has always been invited to be a fundamental and characteristic principle of the Constitution; That all the powers not conferred on him were reserved; That no powers were given beyond those set out in the Constitution and those which were quite random to them; That the power over the rights in question, and in particular over the press, was not part of the powers listed or against any of them; And so the exercise of such power would be an obvious usurpation. It is painful to see how the arguments currently used in favour of the Riot Act are contrary to the argument that justified the Constitution at the time and called for its ratification. That the Governor wishes a copy of the above resolutions to be transmitted to the Executive Authority of each of the other States, requesting that it be communicated to the legislature; and that each senator and representative representing that state in the United States Congress will receive a copy. This similarity in the use of these phrases in the two major federal charters may well be seen as a lesser interpretation of their importance in the latter; because it will be difficult to say that during the first they were either considered a general power or to authorize the confiscation or use of money by the former Congress for Common Defense and General Welfare, except in the cases listed later, which declared and limited their importance; and if this was the limited importance that was added to these sentences in the instrument revised and remodeled by the current Constitution, it can never be assumed that if they are copied into this Constitution, they should be given another importance. . . .

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