AJ >>JEFFERSON ADAMS>> THOMAS JEFFERSON. ON LIMITED GOVERNMENT Limited by the Separation of Powers The capital and leading object of the Constitution was to leave with the States all authorities which respected their own citizens only and to transfer to the United States those which respected citizens of foreign or other States; to make us several as to ourselves, but one as to all others. In the latter case, then, constructions should lean to the general jurisdiction if the words will bear it, and in favor of the States in the former if possible to be so construed. --Thomas Jefferson to William Johnson, 1823. ME 15:448 Among the purposes to which the Constitution permits [Congress] to apply money, the granting premiums or bounties is not enumerated, and there has never been a single instance of their doing it, although there has been a multiplicity of applications. The Constitution has left these encouragements to the separate States. --Thomas Jefferson to Dr. Maese, 1809. ME 12:231 [The Constitution] specifies and delineates the operations permitted to the federal government and gives all the powers necessary to carry these into execution. Whatever of these enumerated objects is proper for a law, Congress may make the law; whatever is proper to be executed by way of a treaty, the President and Senate may enter into the treaty; whatever is to be done by a judicial sentence, the judges may pass the sentence. --Thomas Jefferson to Wilson Nicholas, 1803. ME 10:419 In giving to the President and Senate a power to make treaties, the Constitution meant only to authorize them to carry into effect, by way of treaty, any powers they might constitutionally exercise. --Thomas Jefferson: The Anas, 1793. ME 1:408 Surely the President and Senate cannot do by treaty what the whole government is interdicted from doing in any way. --Thomas Jefferson: Parliamentary Manual, 1800. ME 2:442 We conceive the constitutional doctrine to be, that though the President and Senate have the general power of making treaties, yet wherever they include in a treaty matters confided by the Constitution to the three branches of Legislature, an act of legislation will be requisite to confirm these articles, and that the House of Representatives, as one branch of the Legislature, are perfectly free to pass the act or to refuse it, governing themselves by their own judgment whether it is for the good of their constituents to let the treaty go into effect or not. --Thomas Jefferson to James Monroe, 1796. ME 9:329 I was glad... to hear it admitted on all hands, that laws of the United States, subsequent to a treaty, control its operation, and that the Legislature is the only power which can control a treaty. Both points are sound beyond doubt.--Thomas Jefferson to James Madison, 1798. ME 10:41 According to the rule established by usage and common sense, of construing one part of the instrument by another, the objects on which the President and Senate may exclusively act by treaty are much reduced, but the field on which they may act with the sanction of the Legislature is large enough; and I see no harm in rendering their sanction necessary, and not much harm in annihilating the whole treaty-making power, except as to making peace. --Thomas Jefferson to James Madison, 1796. ME 9:330
Posted on: Mon, 25 Nov 2013 10:37:23 +0000
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