FREE BOOKS

Author's List




PREV.   NEXT  
|<   448   449   450   451   452   453   454   455   456   457   458   459   460   461   462   463   464   465   466   467   468   469   470   471   472  
473   474   475   476   477   478   479   480   481   482   483   484   485   486   487   488   489   490   491   492   493   494   495   496   497   >>   >|  
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
PREV.   NEXT  
|<   448   449   450   451   452   453   454   455   456   457   458   459   460   461   462   463   464   465   466   467   468   469   470   471   472  
473   474   475   476   477   478   479   480   481   482   483   484   485   486   487   488   489   490   491   492   493   494   495   496   497   >>   >|  



Top keywords:

Congress

 

legislation

 

clause

 

police

 

District

 

whatsoever

 
Constitution
 

sphere

 
regulations
 

authority


Patrick

 
Grayson
 
Virginia
 
provide
 

exclusive

 
respects
 

restricted

 
legislatures
 

single

 

Convention


father
 

George

 

convention

 

principles

 

framed

 

ordinary

 

opposed

 

Besides

 
conventions
 

extended


Continental

 

control

 

sufficient

 

consistent

 

principle

 

exercised

 

illimitable

 

exclaimed

 
unlimited
 
ground

willingly
 

assumed

 
government
 
respected
 

presupposed

 
assailed
 

common

 

things

 

limitations

 
habeas