The Anti-Slavery Examiner, Part 2 of 4 by American Anti-Slavery Society
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page 4 of 1064 (00%)
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_cases_," not of all _kinds_. The grant respects the _subjects_ of
legislation, _not_ the moral nature of the laws. The law-making power every where, is subject to _moral_ restrictions, whether limited by constitutions or not. No legislature can authorize murder, nor make honesty penal, nor virtue a crime, nor exact impossibilities. In these and similar respects, the power of Congress is held in check by principles existing in the nature of things, not imposed by the Constitution, but presupposed and assumed by it. The power of Congress over the District is restricted only by those principles that limit ordinary legislation, and, in some respects, it has even wider scope. In common with the legislatures of the States, Congress cannot constitutionally pass ex post facto laws in criminal cases, nor suspend the writ of habeas corpus, nor pass a bill of attainder, nor abridge the freedom of speech and of the press, nor invade the right of the people to be secure in their persons, houses, papers, and effects, nor enact laws respecting an establishment of religion. These are general limitations. Congress cannot do these things _any where_. The exact import, therefore, of the clause "in all cases whatsoever," is, _on all subjects within the appropriate sphere of legislation_. Some legislatures are restrained by constitutions from the exercise of powers strictly within the proper sphere of legislation. Congressional power over the District has no such restraint. It traverses the whole field of legitimate legislation. All the power which any legislature has within its own jurisdiction, Congress holds over the District of Columbia. It has been asserted that the clause in question respects merely police regulations, and that its sole design was to enable Congress to protect itself against popular tumults. But if the framers of the Constitution aimed to provide for a _single_ case only, why did they provide for |
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