The 8th Section of Art. 1 owes its existence entirely to the fact that the Constitution of the United States, while it is a true Constitution, and creates a true sovereign, is yet a federal constitution. By it the people of each State vested a portion of the sovereignty of that State in the new sovereign created by the Constitution, i. e., they made a partition of the sovereignty of the State between the State and the United States, and the 8th section of Art. I contains that partition. The mode of making it was by granting to the new sovereign those branches of sovereignty which are enumerated in the respective subsections of Section 8. That section, therefore, so far as regards its main object and scope,......... can have no application.......... to any territory.......... beyond the limits of the several States..........., for no partition was to be made of the sovereignty over any such territory. A strong presumption, therefore, arises that........ no part of the section was intended..... to extend beyond the limits........ of the States,............ as it cannot be supposed that any incidental objects were intended to have a more extensive operation than the main object. books.google/books/about/Harvard_Law_Review.html?id=KSVLAAAAYAAJ
Posted on: Mon, 08 Jul 2013 10:18:30 +0000
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