New York by James Fenimore Cooper
page 19 of 42 (45%)
page 19 of 42 (45%)
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organization of the Government, it was solemnly recognized in an
amendment. We are not disposed, however, to look for arguments to the debates and discussions of the Convention, in our view often a deceptive and dangerous method of construing a law, since the vote is very frequently given on even conflicting reasons. Different minds arrive at the same results by different processes; and it is no unusual thing for men to deny each other's premises while they accept their conclusions. We shall look, therefore, solely to the compact itself, as the most certain mode of ascertaining what was done. No one will deny that all the great powers of sovereignty are directly conceded to the Union. The right to make war and peace, to coin money, maintain armies and navies, &c., &c., in themselves overshadow most of the sovereignty of the States. The amendatory clause would seem to annihilate it. By the provisions of that clause three fourths of the States can take away all the powers and rights now resting in the hands of the respective States, with a single exception. This exception gives breadth and emphasis to the efficiency of the clause. It will be remembered that all this can be done within the present Constitution. It is a part of the original bargain. Thus, New York can legally be deprived of the authority to punish for theft, to lay out highways, to incorporate banks, and all the ordinary interests over which she at present exercises control, every human being within her limits dissenting. Now as sovereignty means power in the last resort, this amendatory clause most clearly deprives the State of all sovereign power thus put at the disposition of Conventions of the several States; in fact, the votes of these Conventions, or that of the respective legislatures acting in the |
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