« ForrigeFortsett »
Presidents, and in a confederation each member should be equal and co-equal, and as each State was a priori sovereign, the smaller States are represented by two Senators, as are the larger and largest. The Senate arose from the necessity of compromise and union.
What is the balance-wheel ?
No law can be enacted unless a majority of States and a majority of the people of the States concur. This prevents the States as corporate bodies from dominating the people who are corporators, and the people from dominating the States as corporations.
During the Articles of Confederation, States only voted. They were equal, as under the present Constitution. Nine States could pass a law. The keen eyes of Ellsworth, Sherman, and Johnson saw the vice, and insisted that Congress should be made bicameral. Two Houses of Congress were created; one House representing the numerical force of States, and the other the equipollency of States. What New York, Pennsylvania, and Virginia lose by the smaller States in the Senate, they regain by powerful representation in the House.
The idea of a Senate and House, as now constituted, was suggested by the “Connecticut system” (since 1699) of two legislative Houses; one representing the equality of the towns, the other the whole people.
What of equality in the Senate ?
It is an irrepealable provision of the Constitution that “No State, without its consent, shall be deprived of its equal suffrage in the Senate.”— See Article V.
For what cause can a member of Congress be expelled ?
With the concurrence of two-thirds, each House can expel a member for disorderly behavior. This punishment is temporary, and intended solely to defend the dignity of the people in council and the States in council. There is no authority to inquire into the personal history of a Senator or Representative before election. It is presumed that the several States and the people select with a view to their wants. Their will is sovereign. Neither House can resolve itself into a criminal court to try members for alleged offences against the laws of any State or Territory. That is a matter for the courts of law.
What are superior and inferior officers ?
with the advice and consent of the Senate," are to be held as superior; and such as are appointed solely by the President at any time and without tenure, are inferior.
What is the purpose of the taxing power of Congress ?
It is stated in the enumeration of the first article of the Constitution: “To pay the debts, and provide for the common defence and general welfare of the United States."
How are these things to be done ?
Congress is given the authority to "lay and collect taxes, duties, imposts, and excises,” limited solely to the economical wants of the United States. Jefferson resigned the portfolio of Secretary of State because he would not agree with Hamilton, then Secretary of the Treasury, that a latitudinous protective tariff construction should be given the words, “ the general welfare.” Manifestly, the purpose of taxation is limited, as in all enumerated authority. A tariff is a tax levied to carry on the government of the United States. The words“ general welfare of the United States” show the limitation of Congress.
Is a high protective tariff Constitutional ?
stitution is not paternal. It was not ratified to protect and enrich individuals engaged in manufacturing or other industries, but to secure specific, economic, and limited support for all the States organized into a Union. The States have reserved powers with which to foster all industries within their boundaries. To infringe these inherent reserved rights of sovereigns, outrages equilibration.
What is legal tender ? Gold and silver coin. Mark, the Constitution does not say gold or silver coin. The framers were not monometallists, but bimetallists. In the first article, Congress is declared to possess the power to “coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures.” For convenience and for uniformity the States, in the same article, deprived themselves of the right to “make anything but gold and silver coin a tender in payment of debts.” Of course, this “gold and silver coin” must be made or minted by the United States as united sovereigns. The framers of the Constitution meant that the yellow and white metals should be at parity-gold, as the rarer metal, fixing the standard of silver—and no matter what might be the devices of speculators, the United
States should maintain the equal standard of their stamped constitutional coin. In other countries, “ coining money” would be positive evidence of sovereignty, but it is a “ delegated" power in our Union.
How is equilibration further shown?
By the passage of general and special measures in the House, by original bills for raising and appropriating public money, but more especially by the election of President of the United States; the members as electors voting by States, while yet representing the people of the States, when the appointed electors have failed to make a choice in the electoral college. Thus the election of President is transferred from the States to the people of the States, and by the people thereof relegated to the States again.
Why, in such case, does the House vote a's States ?
For the reason that the constituents of Presidents of the United States are not men, but States.
Why should the House originate money bills ?
Because numbers are to be taxed, and numbers must give consent. States are not taxed. Article I., section 7, provides that all bills for raising