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the american republic-第49章

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es in the lower house of Congress; while senators  in Congress are elected by the State legislatures themselves。

The line that distinguishes the two governments is that which  distinguishes the general relations and interests from the  particular relations and interests of the people of the United  States。  These general relations and interests are placed under  the General government; which; because its jurisdiction is  coextensive with the 256                      Union; is called the Government of the  United States; the particular relations and interests are placed  under particular governments; which; because their jurisdiction  is only coextensive; with the States respectively; are called  State governments。  The General government governs supremely all  the people of the United States and Territories belonging to the  Union; in all their general relations and interests; or  relations and interests common alike to them all; the particular  or State government governs supremely the people of a particular  State; as Massachusetts; New York; or New Jersey; in all that  pertains to their particular or private rights; relations; and  interests。  The powers of each are equally sovereign; and  neither are derived from the other。  The State governments are  not subordinate to the General government; nor the General  government to the State governments。  They are co…ordinate  governments; each standing on the same level; and deriving its  powers from the same sovereign authority。  In their respective  spheres neither yields to the other。  In relation to the matters  within its jurisdiction; each government is independent and  supreme in regard of the other; and subject only to the  convention。

257 The powers of the General government are the power

To lay and collect taxes; duties; imposts; and excises; to pay  the debts and provide for the general welfare of the United  States; to borrow money on the credit of the United States; to  regulate commerce with foreign nations; among the several  States; and with the Indian tribes; to establish a uniform rule  of naturalization; and uniform laws on the subject of  bankruptcies throughout the United States; to coin money and  regulate the value thereof; and fix the standard of weights and  measures; to provide for the punishment of counterfeiting the  securities and current coin of the United States; to establish  post…offices and post…roads; to promote the progress of science  and of the useful arts; by securing for limited times to authors  and inventors the exclusive right to their respective writings  and discoveries; to define and punish piracies and felonies  committed on the high seas; and offences against the law of  nations; to declare war; grant letters of marque and reprisal;  and make rules concerning captures on land and water; to raise  and support armies; to provide and maintain a navy; to make  rules for the government of the land and naval forces; to  provide for calling forth the militia to  258                                          execute the laws of the  Union; suppress insurrections; and repel invasions; to provide  for organizing; arming; and disciplining the militia; and of  governing such part of them as may be employed in the service of  the United States; to exercise exclusive legislation in all  cases whatsoever over such district; not exceeding ten miles  square; as may by cession of particular States and the  acceptance of Congress; become the seat of the government of the  United States; and to exercise a like authority over all places  purchased by the consent of the legislature of the State in  which the same shall be; for the erection of forts; magazines;  arsenals; dock…yards; and other needful buildings; and to make  all laws which shall be necessary and proper for carrying into  execution the foregoing powers; and all other powers vested by  this constitution in the government of the United States; or in  any department or office thereof。

In addition to these; the General government is clothed with the  treaty…making power; and the whole charge of the foreign  relations of the country; with power to admit new States into  the Union; to dispose of and make all needful rules and  regulations concerning the territory and all other property  belonging to the United States; to declare; with certain  restrictions; the punishment 259                              of treason; the constitution itself  defining what is treason against the United States; and to  propose; or to call; on the application of the legislatures of  two…thirds of all the states; a convention for proposing  amendments to this constitution; and is vested with supreme  judicial power; original or appellate; in all cases of law and  equity arising under this constitution; the laws of the United  States; and treaties made or to be made under their authority;  in all cases affecting ambassadors; other public ministers; and  consuls; in all cases of admiralty and maritime jurisdiction; in  all controversies to which the United States shall be a party;  all controversies between two or more States; between a State  and citizens of another State; between citizens of different  States; between citizens of the same State claiming lands under  grants of different States; and between a State or the citizens  thereof and foreign states; citizens; or subjects。

These; with what is incidental to them; and what is necessary  and proper to carry them into effect; are all the positive  powers with which the convention vests the General government;  or government of the United States; as distinguished from the  governments of the particular States; and these; with the  exception of what relates to the district in which it has 260                                                           its  seat; and places of forts; magazines; &c。; are of a general  nature; and restricted to the common relations and interests of  the people; or at least to interests and relations which extend  beyond the limits of a particular State。  They are all powers  that regard matters which extend beyond not only the individual  citizen; but the individual State; and affect alike the  relations and interests of all the States; or matters which  cannot be disposed of by a State government without the exercise  of extra…territorial jurisdiction。  They give the government no  jurisdiction of questions which affect individuals or citizens  only in their private and domestic relations which lie wholly  within a particular State。  The General government does not  legislate concerning private rights; whether of persons or  things; the tenure of real estate; marriage; dower; inheritance;  wills; the transferrence or transmission of property; real or  personal; it can charter no private corporations; out of the  District of Columbia; for business; literary; scientific; or  eleemosynary purposes; establish no schools; found no colleges  or universities; and promote science and the useful arts only by  securing to authors and inventors for a time the exclusive right  to their writings and discoveries。  The United States Bank was  man… 261    ifestly unconstitutional; as probably are the present  so…called national banks。  The Un
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