But what would
have been thought of that assembly, if, attaching themselves to these
general expressions, and disregarding the specifications which ascertain
and limit their import, they had exercised an unlimited power of
providing for the common defense and general welfare? I appeal to the
objectors themselves, whether they would in that case have employed the
same reasoning in justification of Congress as they now make use of
against the convention. How difficult it is for error to escape its own
condemnation!
PUBLIUS
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FEDERALIST No. 42
The Powers Conferred by the Constitution Further Considered
From the New York Packet.
Tuesday, January 22, 1788.
MADISON
To the People of the State of New York:
THE SECOND class of powers, lodged in the general government, consists
of those which regulate the intercourse with foreign nations, to wit: to
make treaties; to send and receive ambassadors, other public ministers,
and consuls; to define and punish piracies and felonies committed on the
high seas, and offenses against the law of nations; to regulate foreign
commerce, including a power to prohibit, after the year 1808, the
importation of slaves, and to lay an intermediate duty of ten dollars
per head, as a discouragement to such importations.
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