words of designation or general description, marks the outlines of the powers granted to the National Legislature, but it does not undertake with the precision and detail of a code of laws to enumerate the subdivisions of those powers or to specify all the means by which they may be carried into execution. Chief Justice Marshall, after dwelling upon this view, as required by the very nature of the Constitution, by the language in which it is framed, by the limitations upon the general powers of Congress introduced in the ninth section of the first article, and by the omission to use any restrictive term which might prevent its receiving a fair and just interpretation, added these emphatic words: "In considering this question, then, we must never forget that it is a constitution we are expounding " (4 Wheat. 407. See, also, p. 415).
. . In McCulloch vs. Maryland he more fully developed the same view, concluding thus: We admit, as all must admit, that the powers of the Government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the National Legislature that discretion with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it in the manner most beneficial.to the people. Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are constitutional" (4 Wheat. 421).
The rule of interpretation thus laid down has been constantly adhered to and acted on by this court, and was accepted as expressing the true test by all the judges who took part in the former discussions of the power of Congress to make the treasury notes of the United States a legal tender in payment of private debts. . .
It appears to us to follow, as a logical and necessary consequence, that Congress has the power to issue the obligations of the United States in such form, and to impress upon them such qualities as currency for the purchase of merchandise and the payment of debts, as accord with the usage of sovereign governments. The power, as incident to the power of borrowing money and issuing bills or notes of the Government for money borrowed, of impressing upon those bills or notes the quality of being a legal tender for the payment of private debts, was a power universally understood to belong to sovereignty, in Europe and America, at the time of the framing and adoption of the Constitution of the United States. The governments of Europe, acting through the monarch or the legislature, according to the distribution of powers under their respective constitutions, had and have as sovereign a power of issuing paper money as of stamping coin. This power has been distinctly recognized in an important modern case, ably argued and fully considered, in which the Emperor of Austria, as King of Hungary, obtained from the English Court of Chancery an injunction against the issue in England, without his license, of notes
purporting to be public paper money of Hungary (Austria vs. Day, 2 Giff. 628, and 3 D. F. & J. 217). The power of issuing bills of credit, and making them, at the discretion of the legisla ture, a tender in payment of private debts, had long been exercised in this country by the several Colonies and States; and during the Revolutionary War the States, upon the recommendation of the Congress of the Confederation, had made the bills issued by Congress a legal tender (see Craig vs. Missouri, 4 Pet. 435, 453; Briscoe vs. Bank of Kentucky, II Pet. 257. 313, 334-336; Legal Tender Cases, 12 Wall. 557, 558, 622; Phillips on American Paper Currency, passim). The exercise of this power not being prohibited to Congress by the Constitution, it is included in the power expressly granted to borrow money on the credit of the United States. . .
All figures in the following Index in heavy-face type refer to The Federalist proper.
All references after which an n is placed refer to the Editor's notes to The Federalist.
All references after which a c is placed refer to the Constitu- tion of the United States.
All references in Roman numerals are a key to the introduction and to the preliminary material.
All other references are to the matter contained in the Appen- dix, the Constitution of the United States excepted.
Accounts of public money shall
be published, 608c. Achæan League, 96, 111-114, 237; One of the best of ancient leagues, 96; Resemblance of, to government created by Constitution, 305; Aban- doned the experiment of plural prætors, 468.
Acts: Congress shall prescribe
the manner of proving, 618; Full faith and credit shall be given to, 618c, 730. Adams, John, 5122. Adams, J. Q., 329n. Adams, Samuel, 2n. Adjournment, 601c, 614c; Execu- tive power over legislative, 461. Admiralty (see also Maritime Jurisdiction): Causes deter- mined without jury, 558; Fed- eral power over, 615c. Agriculture (see also Landed In- terests): Interests of, inter- woven with those of com- merce, 73; Only a concern of local legislation, 104; Some States little more than socie- ties of husbandmen, 375; Pre- dominance of, in the U. S., 399.
Alaska, 285n. Albany, 382.
Alien (see also Foreign Influence; Naturalization): Feeling against, in America, 139n; Antagonism to, usually the cloak of religious intolerance, 139n; National and State powers as to, 278; Possible influence of, in producing do- mestic insurrection, 289; Es- pecial danger from slave, 290; National VS. State powers over, 681.
Alien Law: Unconstitutionality of, 681, 685.
Alienage, 651, 654, 661.
Allegiance (see also Oath): State vs. national, 702.
Alliance: No State shall enter into any, 608c.
Ambassadors: The President may appoint, 614; Judicial power of the United States shall extend to, 615c, 617c. Amendment Effect of Eleventh, xiv; Clause in Constitution concerning, 291; Limitations upon, 291; System of obtain- ing, 585; Greater ease of ob. taining single, 586; Not de- pendent on Congress, 587;
Attempts to obtain, prior to adoption of Constitution, 587; Congress may propose, 620c; On application of the legislatures, Congress shall call a convention to propose, 620c; Valid when ratified by the legislatures of, or by conventions in, three-fourths of the States, 620c; To the Confederate Constitution,
how made, 731. Amendments, Proposed: Massa- chusetts,632; South Carolina, 633; New Hampshire, 633; Virginia, 635; New York, 639 North Carolina, 646; By Conventions, 676; Jeffer- son's Louisiana, 686, Hart- ford Convention, 687; Crit- tenden's, 716; Peace Con- ference, 718.
America (see also United States):
Not exempted from common calamities, 277; The United States ascendant in, 70; Ex- clusion of European influence from, 70n.
American Citizen: Proud title of; 706.
American Governments: Improve-
ment over ancient, 54; Defect of, 55.
American People (see also Citizens;
Majority; People; Slaves): Fear of, xii; Limited influ- ence of, in U. S. Government, xii; Insist upon selecting President, xvii; Vindication | of, in choosing President, xvii; Self-control of, xix; Great body of, in favor of union, xxv, 6, 9, 11, 12; Capa- city of, for self-government, 1; Prosperity of, depends on union, 8; Intelligent and well-informed, 12; Kinship of, 86; Feel no blind venera- tion for antiquity or custom, 86; Numerous innovations of. in favor of private and public happiness, 87; Frequently act without precedent, 87: Quite as likely to side with |
American People- Continued. National as with State Gov. ernments, 102, 169, 196; Will entirely control National Government, 104; Majority of, controlled by minority under Confederation, 135; Gave no sanction to Articles of Confederation, 143, 292; The only source of legiti- mate authority, 143, 334; Will be more apt to side with their local governments, 157; Too discerning to be argued into anarchy, 163; Prejudice of, against standing armies, derived from Great Britain, 164; Theory that they will oppose Federal authority, 169; Hold the balance be- tween State and National governments, 177, 197; The final judges of national law, 203, 311; In ratifying Con- stitution will act in their corporate capacity, 248, 249; Not a nation, 249; A national body as regards House of Representatives, 249; Trans- cendent right of, to abolish or alter governments, 258; Pass ordinances of nullifica- tion and secession, 293"; The last resort for unconstitu- tional Federal acts, 300; Rel- ative greater importance of State governments to, 309, 811; Ultimate authority re- sides in, 311; Only possible method of National Govern- ment securing preference of, 312; Advantage of, as to arms, 317; Necessary protec- tion of minority of, from ma- jority, 346; Possible disagree- ment of, with State govern- ments in relation to the Na- tional Government, 395, 396; A majority of, required for national legislation, 411; The Senate a defence against the errors and illusions of, 419; Direct delegates of, have no treaty-making power, 428; Aversion of, to monarchy,
American People-Continued. 447; Superior to their own representatives, 521; Right of, to alter or abolish govern- 1 ment, 522; Recognition of, in Preamble of Constitution, 573; Will be watchful of National Government, 577; Equal privileges under Con- federation, 591; Right of, to assemble and petition for redress of grievances shall not be abridged by Congress, 622c; Right of, to keep and bear arms shall not be in- fringed, 622c; Right of, to be secure in persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, 622c; The rights in the Con- stitution shall not be held to deny or disparage others re- tained by, 625c; Powers not delegated to the United States, nor prohibited to the States, are reserved to the States or to the, 625c; Rights of: Proposed amendment con- cerning, 635, 639, 646; Free- dom of assembly of: Proposed amendment concerning, 636, 641, 647; Right of, to reas- sume government: Proposed amendment concerning, 639; Governmental acts to run in name of Proposed amend- ment concerning, 644; Right of, to establish fundamental laws, 687; Formed the Con- stitution, 700; National Gov- ernment acts directly upon, 701; Synonymous with citi- zens, 709; Sovereignty of, 709. American System: Idea of one, 70-72.
Amphictyonic Confederacy: Ac- count of, 108, 237; Analogy of, to American Confedera- tion, 109.
Annapolis Convention: Recom- mendations of, 253, 257. Anne, Queen, 22.
Anti-Federalists (see also Strict Constructionists):
In New York, xx, xxi; Triumph of, in New York election, xxv; A land-holding party, xxvi; Driven from polls in New York City, xxvi; Forced to ratify Constitution in New York, xxvi; One motive of, 38; Error in the nature of attacks of, 148; The princi- ples of, destructive of all government, 163; Objection of, to Federal taxation, 195; Want of fairness in publica- tions of, 228, 447, 582; Lack of accord in objections of, to Constitution, 240, 241; Be- tray themselves in objections to standing army, 265; Do not consider people in rela- tion to Constitution, 310. Appeals to the People: Dangers and inconveniences attend- ing, 335-337; Objections to periodical, 339–342. Appellate Jurisdiction: Meaning of, 547; No impediment to appeal from State courts to inferior National courts, 554; In what cases the Supreme Court shall have, 617c. Appointment (see also Civil
Service; Office-holders): Con- gressional assumption of, xvi, 329n; Presidential power of, 463, 505; New York system of, 464, 472, 513; Fre- quent Presidential changes will produce mutability in, 482; Constitutional clause re- garding, commended, 505; Possible systems of, 505; Im- portance of responsibility in, 506; Possible favoritism in, 506, 508-9; Danger of bar- gains over, 507; President should be solely concerned in, 507; As a means of secur- ing legislation, 507, 509; No advantage for Senate to neg- ative, 508; Congressmen ex- cluded from, 510; Early non- partisan system of, 511N; Growth of partisan, 512n;
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