3. To make alien subscribers capable of holding lands; and so
far is against the laws of _Alienage_.
4. To transmit these lands, on the death of a proprietor, to a
certain line of successors; and so far changes the course of
_Descents_.
5. To put the lands out of the reach of forfeiture or escheat;
and so far is against the laws of _Forfeiture and Escheat_.
6. To transmit personal chattels to successors in a certain
line; and so far is against the laws of _Distribution_.
7. To give them the sole and exclusive right of banking under
the national authority; and so far is against the laws of Monopoly.
8. To communicate to them a power to make laws paramount to the
laws of the States: for so they must be construed, to protect the
institution from the control of the State legislatures; and so,
probably, they will be construed.
I consider the foundation of the Constitution as laid on this
ground: That "all powers not delegated to the United States, by the
Constitution, nor prohibited by it to the States, are reserved to the
States or to the people." [XIIth amendment.] To take a single step
beyond the boundaries thus specially drawn around the powers of
Congress, is to take possession of a boundless field of power, no
longer susceptible of any definition.
Pages:
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148