re a more perfect enjoyment of
these rights. A legislative department was created, that laws
necessary and proper to this end might be enacted; a judicial
department was erected to expound and administer the laws; an
executive department was formed for the purpose of enforcing and
seeing to the execution of these laws; and these several departments
of Government possess the power to enact, administer, and enforce the
laws 'necessary and proper' to secure those rights which existed
anterior to the ordination of the Constitution. Any other view of the
powers of this Government dwarfs it, and renders it a failure in its
most important office.
"Upon this broad principle I rest my justification of this bill. I
assert that we possess the power to do those things which governments
are organized to do; that we may protect a citizen of the United
States against a violation of his rights by the law of a single State;
that by our laws and our courts we may intervene to maintain the proud
character of American citizenship; that this power permeates our whole
system, is a part of it, without which the States can run riot over
every fundamental right belonging to citizens of the United States;
that the right to exercise this power depends upon no express
delegation, but runs with the rights it is designed to protect; that
we possess the same latitude in respect to the selection of means
through which to exercise this power that belongs to us when a power
rests upon express delegation; and that the decisions which support
the latter maintain the former. And here, sir, I leave the bill to the
consideration of the House."
Mr. Rogers, of New Jersey, followed with an argument against the bill,
because it interfered with "States' Rights." Under its provisions,
Congress would "enter the domain of a State and interfere with its
internal police, statutes, and domestic regulations." He said:
"This act of legislation would destroy the foundations of the
Government as they were laid and established by our fathers, who
reserved to the States certain privileges and immunities which ought
sacredly to be preserved to them.
"If you had attempted to do it in the days of those who were living at
the time the Constitution was made, after the birth of that noble
instrument, the spirit of the heroes of the Revolution and the ghosts
of the departed who laid down their lives in defense of the liberty of
this country and of the rights of the States,
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