ity and
quantity in commodities purchased. Thus, in some states there is a dairy
commissioner whose duty it is to see that no substance is offered for sale
as butter which is not butter. And officers may be appointed to inspect
the weights and measures in stores. Such officers may be provided for
without the consent of congress. But no fees can be charged for this
service more than are necessary to pay the officers. In other words, the
offices cannot be made a source of revenue to the state.
[3] This is to free the states from any temptation to use the power which
might be conferred under this clause for their own gain, to the detriment
of a sister state.
[4] This secures to congress the control of the matter.
[5] That is, a tax upon the carrying power of a ship. This is in harmony
with the provision which forbids the states to levy duties on imports.
[6] This prohibits the keeping of a standing army, but each state may have
its organized militia.
[7] In the preceding clause, the states are forbidden to enter into
treaties, etc.,--that is, into _political_ compacts; and the prohibition
is absolute. Here they are prohibited from entering into _business_
compacts, unless permitted by congress.
[8] For a state to engage in war would be to embroil the country in war.
But the militia might be sent to repel invasion. They would, however, be
defending not the state simply, but also the United States.
"We have thus passed through the positive prohibitions introduced upon the
powers of the states. It will be observed that they divide themselves into
two classes: those which are political in their character, as an exercise
of sovereignty, and those which more especially regard the private rights
of individuals. In the latter the prohibition is absolute and universal.
In the former it is sometimes absolute and sometimes subjected to the
consent of congress. It will at once be perceived how full of difficulty
and delicacy the task was, to reconcile the jealous tenacity of the states
over their own sovereignty, with the permanent security of the national
government, and the inviolability of private rights. The task has been
accomplished with eminent success." [Footnote: Story.]
_Pertinent Questions._
When was slavery introduced into the United States? Give an account of the
steps taken to abolish it.
What is the use of the writ of habeas corpus? If a sane person were
confined in an asylum, how could he be got
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