he
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 objected 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 convention that framed the
Constitution aimed to provide for a _single_ case only, why did they
provide for "_all_ cases whatsoever?" Besides, this clause was opposed
in many of the state conventions, because the grant of power was
extended to "_all_ cases whatsoever," instead of being restricted to
police regulations _alone_. In the Virginia Convention, George Mason,
the father of the Virginia Constitution, Patrick Henry, Mr. Grayson, and
others, assailed it on that ground. Mr. Mason said, "This clause gives
an unlimited authority in every possible case within the District. He
would willingly give them exclusive power as far as respected the police
and good government of the place, but he would give them no more." Mr.
Grayson exclaimed against so large a grant of power--said that control
over the _police_ was all-sufficient, and "that the Continental Congress
never had an idea of exclusive legislation in all cases." Patrick Henry
said: "Shall we be told, when about to grant such illimitable authority,
that it will never be exercised? Is it consistent with any principle of
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