
Plato, 51.
The Lives and Opinions of Eminent Philosophers (c. 200 A.D.), Book 3: Plato
Source: Soundings and Silences (2016)
Plato, 51.
The Lives and Opinions of Eminent Philosophers (c. 200 A.D.), Book 3: Plato
“Paper currency, guarded by proper regulations and restrictions, is the life of commerce.”
Jordaine v. Lashbrooke (1798), 7 T. R. 605.
Speech before Congress (3 December 1860).
Context: The course of events is so rapidly hastening forward that the emergency may soon arise when you may be called upon to decide the momentous question whether you possess the power by force of arms to compel a State to remain in the Union. I should feel myself recreant to my duty were I not to express an opinion on this important subject.
The question fairly stated is, Has the Constitution delegated to Congress the power to coerce a State into submission which is attempting to withdraw or has actually withdrawn from the Confederacy? If answered in the affirmative, it must be on the principle that the power has been conferred upon Congress to declare and to make war against a State. After much serious reflection I have arrived at the conclusion that no such power has been delegated to Congress or to any other department of the Federal Government. It is manifest upon an inspection of the Constitution that this is not among the specific and enumerated powers granted to Congress, and it is equally apparent that its exercise is not "necessary and proper for carrying into execution" any one of these powers. So far from this power having been delegated to Congress, it was expressly refused by the Convention which framed the Constitution.
“The Constitution was made chiefly because of the demands of Commerce.”
Anarchism & American Traditions (1908)
Context: The Constitution was made chiefly because of the demands of Commerce. Thus it was at the outset a merchant's machine, which the other interests of the country, the land and labor interests, even then foreboded would destroy their liberties. In vain their jealousy of its central power made enact the first twelve amendments. In vain they endeavored to set bounds over which the federal power dare not trench. In vain they enacted into general law the freedom of speech, of the press, of assemblage and petition. All of these things we see ridden roughshod upon every day, and have so seen with more or less intermission since the beginning of the nineteenth century. At this day, every police lieutenant considers himself, and rightly so, as more powerful than the General Law of the Union.
1900s, A Square Deal (1903)
To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition.
The incorporation of a bank, and the powers assumed by this bill, have not, in my opinion, been delegated to the United States, by the Constitution... They are not among the powers specially enumerated...
Opinion against the constitutionality of a National Bank (1791), also quoted in The Writings of Thomas Jefferson "Memorial Edition" (20 Vols., 1903-04) edited by Andrew A. Lipscomb and Albert Ellery Bergh, Vol. 3, p. 146
1790s
Beller v. Middendorf, 632 F.2d 788, 809-10 (9th Cir. 1980) upholding a Navy discharge for homosexual conduct.
Source: The Wealth of Nations (1776), Book IV, Chapter II
Congress have established a mint to coin money and passed laws to regulate the value thereof. The money so coined, with its value so regulated, and such foreign coins as Congress may adopt are the only currency known to the Constitution. But if they have other power to regulate the currency, it was conferred to be exercised by themselves, and not to be transferred to a corporation. If the bank be established for that purpose, with a charter unalterable without its consent, Congress have parted with their power for a term of years, during which the Constitution is a dead letter. It is neither necessary nor proper to transfer its legislative power to such a bank, and therefore unconstitutional.
Often paraphrased as: If Congress has the right under the constitution to issue paper money, it was given them to be used by themselves, not to be delegated to individuals or corporations.
1830s
Source: Veto Message Regarding the Bank of the United States http://avalon.law.yale.edu/19th_century/ajveto01.asp (10 July 1832)
Speech, United States Senate (11 March 1850).
Context: It is true, indeed, that the national domain is ours. It is true that it was acquired by the valor and with the wealth of the whole nation. But we hold no arbitrary authority over it. We hold no arbitrary authority over anything, whether lawfully acquired or seized by usurpation. The constitution regulates our stewardship; the constitution devotes the domain to union, to justice, to defense, to welfare and to liberty.
But there is a higher law than the Constitution, which regulates our authority over the domain, and devotes it to the same noble purposes.