§ 1402. And here end our commentaries upon the first article of the constitution, embracing the organization and powers of the legislative department of the government, and the prohibitions upon the state and national governments. If we here pause, but for a moment, we cannot but be struck with the reflection, how admirably this division and distribution of legislative powers between the state and national governments is adapted to preserve the liberty, and promote the happiness of the people of the United States. To the general government arc assigned all those powers, which relate to the common interests of all the states, as comprising one confederated nation. While to each state is reserved all those powers, which may affect, or promote its own domestic interests, its peace, its prosperity, its policy, and its local institutions. At the same time, such limitations and restraints are imposed upon each government, as experience has demonstrated to be wise to control any public functionaries, or as are indispensable to secure the harmonious operations of the Union.[1]
§ 1403. A clause was originally proposed, and carried in the convention, to give the national legislature a negative upon all laws passed by the states, contravening, in the opinion of the national legislature, the articles of the Union, and treaties subsisting under its authority. This proposition was, however, afterwards negatived; and finally abandoned.[2] A more acceptable substitute- ↑ 1 Tuck. Black. Comm. App. 314.
- ↑ Journal of Convention, 68, 86, 87, 104, 107, 136, 183, 283; North American Review, October, 1827, p. 264, 266; 2 Pitkin's History, 261.—This seems to have been a favourite opinion of Mr. Madison, as well as of some other distinguished statesmen. North American Review, October, 1827, p. 264, 265, 266; 2 Pitkin's History, 251, 259.
