TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P26

Gale Encyclopedia of American Law Volume 13 P26 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 236 CIVIL RIGHTS PRIMARY DOCUMENTS SLAVERY DRED SCOTT V. SANDFORD The compacts of cession by North Carolina and Georgia are subsequent to the Constitution. They adopt the Ordinance of 1787 except the clause respecting slavery. But the precautionary repudiation of that article forms an argument quite as satisfactory to the advocates for federal power as its introduction would have done. The refusal of a power to Congress to legislate in one place seems to justify the seizure of the same power when another place for its exercise is found. This proceeds from a radical error which lies at the foundation of much of this discussion. It is that the Federal Government may lawfully do whatever is not directly prohibited by the Constitution. This would have been a fundamental error if no amendments to the Constitution had been made. But the final expression of the will of the people of the States in the 10th Amendment is that the powers of the Federal Government are limited to the grants of the Constitution. Before the cession of Georgia was made Congress asserted rights in respect to a part of her territory which require a passing notice. In 1798 and 1800 Acts for the settlement of limits with Georgia and to establish a government in the Mississippi Territory were adopted. A territorial government was organized between the Chattahoochee and Mississippi Rivers. This was within the limits of Georgia. These Acts dismembered Georgia. They established a separate government on her soil while they rather derisively professed that the establishment of that government shall in no respect impair the rights of the State of Georgia either to the jurisdiction or soil of the territory. The Constitution provided that the importation of such persons as any of the existing States shall think proper to admit shall not be prohibited by Congress before 1808. By these enactments a prohibition was placed upon the importation of slaves into Georgia although her Legislature had made none. This .

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