登陆注册
5259600000031

第31章 CHAPTER VII. FINISHING THE WORK(2)

The South, however, was opposed to this policy, for it wanted to encourage the cheapest method of shipping its raw materials. The South also wanted a larger number of slaves to meet its labor demands. To this need New England was not favorably disposed. To reconcile the conflicting interests of the two sections a compromise was finally reached. The requirement of a two-thirds vote of both houses for the passing of navigation acts which the Southern members had obtained was abandoned, and on the other hand it was determined that Congress should not be allowed to interfere with the importation of slaves for twenty years. This, again, was one of the important and conspicuous compromises of the Constitution. It is liable, however, to be misunderstood, for one should not read into the sentiment of the members of the Convention any of the later strong prejudice against slavery.

There were some who objected on moral grounds to the recognition of slavery in the Constitution, and that word was carefully avoided by referring to "such Persons as any States now existing shall think proper to admit." And there were some who were especially opposed to the encouragement of that institution by permitting the slave trade, but the majority of the delegates regarded slavery as an accepted institution, as a part of the established order, and public sentiment on the slave trade was not much more emphatic and positive than it is now on cruelty to animals. As Ellsworth said, "The morality or wisdom of slavery are considerations belonging to the States themselves," and the compromise was nothing more or less than a bargain between the sections.

The fundamental weakness of the Confederation was the inability of the Government to enforce its decrees, and in spite of the increased powers of Congress, even including the use of the militia "to execute the laws of the Union," it was not felt that this defect had been entirely remedied. Experience under the Confederation had taught men that something more was necessary in the direction of restricting the States in matters which might interfere with the working of the central Government. As in the case of the powers of Congress, the Articles of Confederation were again resorted to and the restrictions which had been placed upon the States in that document were now embodied in the Constitution with modifications and additions. But the final touch was given in connection with the judiciary.

There was little in the printed draft and there is comparatively little in the Constitution on the subject of the judiciary. A Federal Supreme Court was provided for, and Congress was permitted, but not required, to establish inferior courts; while the jurisdiction of these tribunals was determined upon the general principles that it should extend to cases arising under the Constitution and laws of the United States, to treaties and cases in which foreigners and foreign countries were involved, and to controversies between States and citizens of different States. Nowhere in the document itself is there any word as to that great power which has been exercised by the Federal courts of declaring null and void laws or parts of laws that are regarded as in contravention to the Constitution. There is little doubt that the more important men in the Convention, such as Wilson, Madison, Gouverneur Morris, King, Gerry, Mason, and Luther Martin, believed that the judiciary would exercise this power, even though it should not be specifically granted. The nearest approach to a declaration of this power is to be found in a paragraph that was inserted toward the end of the Constitution.

Oddly enough, this was a modification of a clause introduced by Luther Martin with quite another intent. As adopted it reads:

"That this Constitution and the Laws of the United States . . . and all Treaties . . . shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby; any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." This paragraph may well be regarded as the keystone of the constitutional arch of national power. Its significance lies in the fact that the Constitution is regarded not as a treaty nor as an agreement between States, but as a law; and while its enforcement is backed by armed power, it is a law enforceable in the courts.

One whole division of the Constitution has been as yet barely referred to, and it not only presented one of the most perplexing problems which the Convention faced but one of the last to be settled--that providing for an executive. There was a general agreement in the Convention that there should be a separate executive. The opinion also developed quite early that a single executive was better than a plural body, but that was as far as the members could go with any degree of unanimity. At the outset they seemed to have thought that the executive would be dependent upon the legislature, appointed by that body, and therefore more or less subject to its control. But in the course of the proceedings the tendency was to grant greater and greater powers to the executive; in other words, he was becoming a figure of importance. No such office as that of President of the United States was then in existence. It was a new position which they were creating. We have become so accustomed to it that it is difficult for us to hark back to the time when there was no such officer and to realize the difficulties and the fears of the men who were responsible for creating that office.

同类推荐
热门推荐
  • 浪迹丛谈

    浪迹丛谈

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 梦溪笔谈

    梦溪笔谈

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 主神的位面穿越之旅

    主神的位面穿越之旅

    融合了空白主神的穿越者,不再甘于平凡的生活;以魔法和漫威的世界为起点,无限的位面为旅途!ps:前期单机综穿,中后期建设经营、幕后黑手。(慢热,望大家能多支持。)
  • 只因钟情你一人

    只因钟情你一人

    潜规则?有内幕?把人逼急了抱大腿信不信?…………“女人,S市最粗的大腿抱不抱?”七爷傲娇的俯视着颜欢。颜欢仰视着七爷咽了咽口水“…抱……”大腿都送到你家门口了,不抱是不是傻?(男女主身心干净)
  • 最坑召唤系统

    最坑召唤系统

    【本书单人无限流,最终将召唤各世界强者降临,对抗黑暗种族】目前有6个世界,预计还有6个世界要写。以下简介无力:自从有了系统,陈百经感觉自己在变强的道路上一去不返。被动变强。系统:“我都是为你好。”狗系统占我便宜?陈百经:“那我还谢谢了?”系统羞涩一笑,递上来一堆死亡任务:“不客气,应该的。”
  • 华严圣可禅师语录

    华严圣可禅师语录

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 大财阀的隐婚甜妻

    大财阀的隐婚甜妻

    【重生甜宠+虐渣虐狗】前世,顾薇薇被所爱的男人和她最信任的闺蜜背叛,惨死。一朝重生,却成了华国第一财阀傅寒峥的小女友。她步步小心,向曾经暗害她的人复仇。他处处护佑,将她宠到极致。都说,傅寒峥高冷薄情无人性。那天天撩得她脸红心跳,宠她宠得无法无天的完美老公,是个假老公吗?“先生,学校好多男生在追太太。”“把学校男生全部退学,给我改建成女校。”“先生,太太和圈内当红男星传绯闻,炒CP了。”“把那个男星封杀!”“那是你弟弟。”“……那就打死吧。”
  • 别跑,爱情来了

    别跑,爱情来了

    人生只有走出来的没有,没有等出来的辉煌。所以,当爱情来了,别再逃跑,也别让你的爱人趁机逃跑,穷追不舍就是了……
  • 小公主

    小公主

    伦敦的贵族学校里,有一位享有“公主”待遇的明星学生——萨拉。在她十一岁的生日宴会上,突然传来一个噩耗:父亲投资钻石矿失败,破产去世。这让势利的女校长气愤不已,不仅剥夺了萨拉的特殊待遇,还让她打工偿还学费。萨拉一夜之间从令人羡慕的“小公主”变成了可怜的女佣。她每天要干各种杂活,还得挨饿受冻。但莎拉始终乐观地面对困境,跟洗碗女仆、印度绅士,甚至阁楼的老鼠交上了朋友。她幻想出一幕幕阁楼奇遇安慰自己。没想到,有一天醒来,美梦居然成真了……
  • 一笑傾城

    一笑傾城

    荆紫荨,七绝谷里最泼辣,最刁蛮,最腹黑,最狡诈,最邪恶的女子。据说此女天生异相,糊里糊涂,煞气十足,但凡娶她的男子,在成婚的前一天莫名死去或者受不了她的半疯而无故失踪。能撑到成亲这天的楚子毅,却在当天逃婚了……以上全属谣言,不可信,其实她很善良娴雅的。不过是寻夫途中调戏了一女子,被人追杀,碰上美男沫浴而已。不过是想威风一下,冒充和亲公主,当了冒牌王妃而已。不过想谋点钱财,开个赌场,报废了冒牌夫君的嚣张宠妾而已。不过肚子饿想烤只地瓜,一把火烧了王府而已。不过养了一只会说话的黑色毛驴,当众踢了皇帝的脑袋而已。其实她所做的一切,都是人之常情的,所谓子曾经曰过:走自己的路,让别人无路可走!祁钰齐国三王,冷酷,冷漠,冷血,冷情。这个不识天高地厚的女子是他要娶的合亲公主?闯入他的浴池,偷了他的侧妃,用他王府的房契换了一家赌场。关她禁闭,竟然烧了的半个王府。战场之上冒充他的手谕,锦囊妙计是春宫图五百本,结果敌国内部混乱,不战而降。还堂而皇之地大呼,赵公主与东齐三国生肖相冲,猪的配属狗的,不就是猪狗不如吗?荆少棠江湖第一风流公子。所谓公子笑一笑,贞洁烈妇也要叫三叫,公子一招手,嫦娥拼死跟着走!对她宠,对她爱,对她伤,他挣扎,彷徨。如果用整个天下换一个她,他,毫不犹豫!(要变态,就变态到人神共愤。要宠,就宠到骨头里。要痛,就到痛彻心扉里。越宠越销魂,越痛越销魂。某风打造独一无二的变态宠文。)话说这文的图文日志在风的圈子日志里地址如下:http://m.wkkk.net/1064395/club找了半天适合公子的人物,后来发现真的难啊。不如大家就想像一下吧。好友链接:夜初《错惹狂帝》张小鹿《狂魔宠女》