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Updated: June 20, 2025
All the devices of rotation in office, short terms, undelegated authority are simply attempts to defeat the half-perceived fact that power will not long stay diffused. It is characteristic of these primitive democracies that they worship Man and distrust men.
It leads directly and immediately to the establishment of absolute rule, for undelegated power is always unlimited and unrestrained. The acts of Congress in question are not only objectionable for their assumption of ungranted power, but many of their provisions are in conflict with the direct prohibitions of the Constitution.
Yet he saw fit to send a message on the subject, and in that message he very freely declares his opinion that the bill which had passed both houses began with an entire subversion of every one of the compacts by which the United States became possessed of their Western domain; that one of its provisions was in direct and undisguised violation of the pledge given by Congress to the States; that the Constitution provides that these compacts shall be untouched by the legislative power, which can only make needful rules and regulations; and that all beyond that is an assumption of undelegated power.
In fine, admitting, as all do, the Continental Congress to have been a revolutionary body, exercising undelegated powers, the question is, Was it, or was it not, a de jure, as well as de facto national government, and this is a question that cannot be answered absolutely.
It leads directly and immediately to the establishment of absolute rule, for undelegated power is always unlimited and unrestrained. The acts of Congress in question are not only objectionable for their assumption of ungranted power, but many of their provisions are in conflict with the direct prohibitions of the Constitution.
It was the undelegated right of one individual against that of another. The law was not invoked the law would not serve. Even as the quicker set of nerves flashed into action, the arm shot forward, and there smote the point of flame as did once the point of steel. The victim fell, his own weapon clutched in his hand, a fraction too late. The law cleared the killer. It was "self-defense."
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