Our Changing Constitution by Charles Wheeler Pierson
page 69 of 147 (46%)
page 69 of 147 (46%)
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Hamilton and Marshall an injustice. While they both stood for a strong
National Government, neither of them contemplated any encroachment by that government on the principle of local self-government in local matters or the police power of the states. Marshall in one of his most powerful and far-reaching pronouncements in support of the national supremacy[1] speaks of that immense mass of legislation, which embraces everything within the territory of a state not surrendered to the General Government;... inspection laws, quarantine laws, health laws of every description ... are component parts of this mass. [Footnote 1: _Gibbons v. Ogden_, 9 Wheat., 1, 203, 208.] Later in the same opinion he refers to the acknowledged power of a state to regulate its police, its domestic trade, and to govern its own citizens. ... The power of regulating their own purely internal affairs whether of trading or police. Hamilton devotes an entire number of the _Federalist_[1] to combatting the idea that the rights of the states are in danger of being invaded by the General Government. In another place[2] he returns to the idea that there is greater probability of encroachments by the members upon the federal head, than by the federal head upon the members |
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