The general government is proscribed from the interfering, in any manner whatsoever, in matters respecting religion; and it may be thought to do this, in ascertaining who, and who are not, ministers of the gospel.

The general government is proscribed from the interfering, in any manner whatsoever, in matters respecting religion; and it may be thought to do this, in ascertaining who, and who are not, ministers of the gospel.

It is very certain that [the commerce clause] grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government.

The Constitution expressly and exclusively vests in the Legislature the power of declaring a state of war [and] the power of raising armies.... A delegation of such powers [to the President] would have struck, not only at the fabric of our Constitution, but at the foundation of all well organized and well checked governments. The separation of the power of declaring war from that of conducting it, is wisely contrived to exclude the danger of its being declared for the sake of its being conducted.

[The proposed establishment] will have a . . . tendency to banish our Citizens. . . . To superadd a fresh motive to emigration by revoking the liberty which they now enjoy, would be the same species of folly which has dishonoured and depopulated flourishing kingdoms.

But cool and candid people will at once reflect, that the purest of human blessings must have a portion of alloy in them, that the choice must always be made, if not of the lesser evil, at least of the GREATER, not the PERFECT good; and that in every political institution, a power to advance the public happiness, involves a discretion which may be misapplied and abused.

[In a democracy] a common passion or interest will, in almost every case , be felt by a majority of the whole; a communication and concert results from the form of government itself; and there is nothing to check the inducements to sacrifice the weaker party or an obnoxious individual.