第 38 节
作者:公主站记      更新:2021-04-30 17:05      字数:9322
  her; and  corruption of every sort。  The British government cannot be  carried on by fair; honest; and honorable means; any more than  could the Roman under the antagonism created by the tribunitial  veto。  The French tried the English system of organized  antagonism in 1789; as a cure for the centralism introduced by  Richelieu and Louis XIV。; and again under the Restoration and  Louis Philippe; and called it the system of constitutional  guarantees; but they could never manage it; and they have taken  refuge in unmitigated centralism under Napoleon III。; who;  however well disposed; finds no means in the constitution of the  French nation of tempering it。  The English system; called the  constitutional; and sometimes the parliamentary system; will not  work in France; and indeed works really well nowhere。
  The American system; sometimes called the Federal system; is not  founded on antagonism 254                       of classes; estates; or interests; and is  in no sense a system of checks and balances。  It needs and  tolerates no obstructive forces。  It does not pit section  against section; the States severally against the General  government; nor the General government against the State  governments; and nothing is more hurtful than the attempt to  explain it and work it on the principles of British  constitutionalism。  The convention created no antagonistic  powers; it simply divided the powers of government; and gave  neither to the General government nor to the State governments  all the powers of government; nor in any instance did it give to  the two governments jurisdiction in the same matters。 Hence each  has its own sphere; in which it can move on without colliding  with that of the other。  Each is independent and complete in  relation to its own work; incomplete and dependent on the other  for the complete work of government。
  The division of power is not between a NATIONAL government and  State governments; but between a GENERAL government and  particular governments。  The General government; inasmuch as it  extends to matters common to all the States; is usually called  the Government of the United States; and sometimes the Federal  255 government; to distinguish it from the particular or State  governments; but without strict propriety; for the government of  the United States; or the Federal government; means; in  strictness; both the General government and the particular  Governments; since neither is in itself the complete government  of the country。  The General government has authority within  each of the States; and each of the State governments has  authority in the Union。  The line between the Union and the  States severally; is not precisely the line between the General  government and the particular governments。  As; for instance;  the General government lays direct taxes on the people of the  States; and collects internal revenue within them; and the  citizens of a particular State; and none others; are electors of  President and Vice…President of the United States; and  representatives in the lower house of Congress; while senators  in Congress are elected by the State legislatures themselves。
  The line that distinguishes the two governments is that which  distinguishes the general relations and interests from the  particular relations and interests of the people of the United  States。  These general relations and interests are placed under  the General government; which; because its jurisdiction is  coextensive with the 256                      Union; is called the Government of the  United States; the particular relations and interests are placed  under particular governments; which; because their jurisdiction  is only coextensive; with the States respectively; are called  State governments。  The General government governs supremely all  the people of the United States and Territories belonging to the  Union; in all their general relations and interests; or  relations and interests common alike to them all; the particular  or State government governs supremely the people of a particular  State; as Massachusetts; New York; or New Jersey; in all that  pertains to their particular or private rights; relations; and  interests。  The powers of each are equally sovereign; and  neither are derived from the other。  The State governments are  not subordinate to the General government; nor the General  government to the State governments。  They are co…ordinate  governments; each standing on the same level; and deriving its  powers from the same sovereign authority。  In their respective  spheres neither yields to the other。  In relation to the matters  within its jurisdiction; each government is independent and  supreme in regard of the other; and subject only to the  convention。
  257 The powers of the General government are the power
  To lay and collect taxes; duties; imposts; and excises; to pay  the debts and provide for the general welfare of the United  States; to borrow money on the credit of the United States; to  regulate commerce with foreign nations; among the several  States; and with the Indian tribes; to establish a uniform rule  of naturalization; and uniform laws on the subject of  bankruptcies throughout the United States; to coin money and  regulate the value thereof; and fix the standard of weights and  measures; to provide for the punishment of counterfeiting the  securities and current coin of the United States; to establish  post…offices and post…roads; to promote the progress of science  and of the useful arts; by securing for limited times to authors  and inventors the exclusive right to their respective writings  and discoveries; to define and punish piracies and felonies  committed on the high seas; and offences against the law of  nations; to declare war; grant letters of marque and reprisal;  and make rules concerning captures on land and water; to raise  and support armies; to provide and maintain a navy; to make  rules for the government of the land and naval forces; to  provide for calling forth the militia to  258                                          execute the laws of the  Union; suppress insurrections; and repel invasions; to provide  for organizing; arming; and disciplining the militia; and of  governing such part of them as may be employed in the service of  the United States; to exercise exclusive legislation in all  cases whatsoever over such district; not exceeding ten miles  square; as may by cession of particular States and the  acceptance of Congress; become the seat of the government of the  United States; and to exercise a like authority over all places  purchased by the consent of the legislature of the State in  which the same shall be; for the erection of forts; magazines;  arsenals; dock…yards; and other needful buildings; and to make  all laws which shall be necessary and proper for carrying into  execution the foregoing powers; and all other powers vested by  this constitution in the government of the United States; or in  any department or office thereof。
  In addition to these; the General government is clothed with the  treaty…making power; and the whole charge of the foreign  relations of the country; with power to admit new States into  the Union; to dispose of and make all needful rules and  regulations concerning the territory and all other property  belonging to the United States; to declare; with certain  restrictions; the punishment 259                              of treason; the constitution itself  defining what is treason against the United States; and to  propose; or to call; on the application of the legislatures of  two…thirds of all the states; a convention for proposing  amendments to this constitution; and is vested with supreme  judicial power; original or appellate; in all cases of law and  equity arising under this constitution; the laws of the United  States; and treaties made or to be made under their authority;  in all cases affecting ambassadors; other public ministers; and  consuls; in all cases of admiralty and maritime jurisdiction; in  all controversies to which the United States shall be a party;  all controversies between two or more States; between a State  and citizens of another State; between citizens of different  States; between citizens of the same State claiming lands under  grants of different States; and between a State or the citizens  thereof and foreign states; citizens; or subjects。
  These; with what is incidental to them; and what is necessary  and proper to carry them into effect; are all the positive  powers with which the convention vests the General government;  or government of the United States; as distinguished from the  governments of the particular States; and these; with the  exception of what relates to the district in which it has 260                                                           its  seat; and places of forts; magazines; &c。; are of a general  nature; and restricted to the common relations and interests of  the people; or at least to interests and relations which extend  beyond the limits of a particular State。  They are all powers  that regard matters which extend beyond not only the individual  citizen; but the individual State; and affect alike the  relations and interests of al