Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-02-11

Congreis the power ever its own asa.
which ie has paaed, and will in csurte
put top to all amendments, all improve
ments ofour laws. This doctrine, here
meant 10 be aGersed, is not in the fol-
extent applicable to the legislative pow.
ers under oar conaituirution. There are
ae,. which Congrefs are BY that inaru-
ment exprelsly denied the power Of paG-
ing-there are acts which whenever
paiIsd, Congrefs cannot repeal, or "a
,hcr the efeetsof which they cannot ev-
en- fufpena, much LET'S can they dehroy.
They are expressly denied the power OF
flag cx.poadasao laws; and this ap-
,lies no leis ioribly 20 1. repeal,ng at
han to any other aes-is is, BY its ope-
rarion that the nature Of the ACT is in
his cafe determined. Every aa which
~ its operation. attempts to diveft any
right preyiouly acquired, whether by Z
:ormer act ct les;ilature, OF by any other
lawful means Of aeqailition is in name, ma.
ure and offence ex poft fa1to.
Indeed, Fir, / apprehend that fome
gentlemen have been led into miC-
take on this fsbjea, by an ineausious
4dn!fion> of maxins and theories Of
:.gilativc powers in another govern
ment; hut which do TO, apgy to
our government, as inttituted and limited
u, our contribution. There are, Cir.
in every nation two kinds Of leg,ls,,ve
lowers. The one is original and extra.
ordinary and may be called the. power
Of political legilat;on. II isby % aGe.
eating nation employed in forming and
organizing the government, IN di.poh"g
IT'S powers and defining, or limiting their
exerciie. The other is derIva,ive, tho
ordinary power of legilation, ard is en-
ployed in the civil regulations Of the
community. In the 6ra condl;s the poli.
teal iovcreignty of the marion. This
power is tranicendant. /. is paramount to.
all other povers in the nation. ltcaa
| create powers, rights and duties, and caa
abelilh them at pleafure COZ becauie
what /, does, is always wife oreven juts;
bu. becauie no other power in the nation
can havea right, or Can be equal to con-
trout its operations. In Great Britain,
from ancient uf.ge, the cenfsm OF the "a.
tioa witneGed By long and general ac.
quieicence, both the ordinary and the ex.
rraordinary powers of -lsgilation, ate
conhlered to be- vefed in the pxrlismeni
Of tie na.ion-,tting in 1,his capacity
Of political lovereisu Of the nstiolr, the
! Bri,ih parliament can create rights, and
can dearoy exiting rights al viii: al.
though in exesciGng fuch acts Of pow
or, the! proceed with grea, css'ioa, and
are careful to indemnify individuals WHO'S
rights the, may have iaJured. In thA
capacity, it can, as it las been done.
new model the. government 1t caa
fix and alter the duration Of parlia.
ments, and change and limit the deicent
| of the crown. Indeed vehed with shis
power, in addition to the otdinary pow
Gre Of legilatioa, the figure is hardly
| TOO bold, by which when acting on feb
! jets within the reach of i.s authority, il
| is faid TO be omripo,ent. Net 70 the
| Conesets Of the United States, they
poiEeas DOT thar tranlcendzns power, hat
uncomfortable sovereignty Of the na,icn';;
they po1eis the ordinary, rc@ers only Of
4lcgiila,ion; and dele powers they derive
| under the contribution of the q. States: by
shis initrument their powers are initi,uted,
limited and defined. This inltruisent Is
the al Of the political iovereign, the peo-
pie Of tie U. States. To them it was
propoled, and they through shen agents
empowered for that purpofe enacted II
the fundamental and lupren,e law Of the
national government. They have hid,
as they had right to fay. on this fub.
jea Congreh mall ACT /; or that they
may aa at their diieretion here The
congreGos u power is limited, there Is
placed barrier which l,aH not be paHed.
Congreh, as ob!erved, poGes rot this
paramount lswer; but in oce mode,
provided for altering and amending the
contribution, they are under certain re.
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