Congress ought clearly to prohibit arming, and the President ought - TopicsExpress

Congress ought clearly to prohibit arming, and the President ought to be brought to declare on what ground he undertook to grant an indirect licence to arm. The first instructions were no otherwise legal than as they were in pursuance of the law of nations, and, consequently, in execution of the law of the land. The revocation of the instructions is a virtual change of the law, and consequently a usurpation by the Executive of a legislative power. It will not avail to say that the law of nations leaves this point undecided, and that every nation is free to decide it for itself. If this be the case, the regulation being a Legislative, not an Executive one, belongs to the former, not the latter authority, and comes expressly within the power, “to define the law of nations,” given to Congress by the Constitution. I do not expect, however, that the Constitutional party In the H.[ouse] of Rep[resentatives] is strong enough to do what ought to be done in the present instance. ~ James Madison, letter to to Thomas Jefferson, 2 April, 1798

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