Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Delacon
Well I don't know if many people would call Chief Justice Marshall's views on the issue tripe. From the article I posted:

In the Virginian convention Marshall stated that delegated powers could be resumed by the same hand that gave them. The convention refused to second Morris' motion to submit ratification to the people en masse. The Supreme Court cannot consolidate the people of the several independent states into 'one people'. In the Constitution every action is by states, and then as states separately, not a united, unanimous action. The people of Georgia cannot legislate or act for the people of any other state.

Chase also wrote, 'As preliminary to the very able discussions of the Constitution which we have heard from the bar, and as having some influence on its construction, reference has been made to the political situation of these States anterior to its formation. It has been said that they were sovereign, were completely independent, and were connected with each other only by a league. This is true.' [Gibbons v. Ogden, 22 US 1 (1824)].

'Even if we attend to the manner in which the Constitution is investigated, ratified, and made the act of the people of America, I can say, notwithstanding what the honorable gentleman has alleged, that this government is not completely consolidated, nor is it entirely federal. Who are parties to it? The people — but not the people as composing one great body; but the people as composing thirteen sovereignties.'
James Madison, 6 June 1788, The Debates in the Several State Conventions of the Adoption of the Federal Constitution, Jonathan Elliot, ed., Vol. III, p. 94.

'When the American people created a national legislature, with certain enumerated powers, it was neither necessary nor proper to define the powers retained by the States. These powers proceed, not from the people of America, but from the people of the several States; and remain, after the adoption of the constitution, what they were before, except so far as they may be abridged by that instrument.'
Chief Justice Marshall, Sturges v. Crowninshield, 4 Wheat. 122, (1819).

Madison again, this time in Federalist 39, 'this assent and ratification is to be given by the people, not as individuals composing one entire nation, but as composing the distinct and independent States to which they respectively belong. It is to be the assent and ratification of the several States, derived from the supreme authority in each State, the authority of the people themselves. ... Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act.'

The judicial powers extended to 'citizens of another State; between Citizens of different States; between Citizens of the same State', but never to 'citizens of the United States'.

And Justice Marshall opines again,holding that a 'judicial system was to be prepared, not for a consolidated people, but for distinct societies, already possessing distinct systems.' [Wayman v. Southard, 23 Wheat. 1, (1825)]

And from Justice Thomas, '[t]he Constitution simply does not recognize any mechanism for action by the undifferentiated people of the Nation.' [Justice Thomas (dissent), U.S. Term Limits, Inc. v. Thornton, 514 US 779, (1995)]

914 posted on 09/11/2007 8:07:13 AM PDT by 4CJ (Annoy a liberal, honour Christians and our gallant Confederate dead)
[ Post Reply | Private Reply | To 906 | View Replies ]


To: 4CJ

Chase also wrote, 'As preliminary to the very able discussions of the Constitution which we have heard from the bar, and as having some influence on its construction, reference has been made to the political situation of these States anterior to its formation. It has been said that they were sovereign, were completely independent, and were connected with each other only by a league. This is true.' [Gibbons v. Ogden, 22 US 1 (1824)].

 I only had to go down to the first quote you reference to find your massive editing and spinning. You left out the BUT that came  immediately after "this is true".  Funny you should pick a quote that comes from a case that EXTENDED the powers of the federal government over the states. Here is the sentence in the quote that comes immeditately after the PART of the quote you reference:

 "But, when these allied sovereigns converted their league into a government, when they converted their Congress of Ambassadors, deputed to deliberate on their common concerns, and to recommend measures of general utility, into a Legislature, empowered to enact laws on the most interesting subjects, the whole character in which the States appear, underwent a change, the extent of which must be determined by a fair consideration of the instrument by which that change was effected."  


930 posted on 09/11/2007 2:32:20 PM PDT by Delacon (When in doubt, ask a liberal and do the opposite.)
[ Post Reply | Private Reply | To 914 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson