To this construction of government and distribution of its powers, the
Commonwealth of Virginia does religiously and affectionately adhere,
opposing, with equal fidelity and firmness, the usurpation of either set
of functionaries on the rightful powers of the other.
But the federal branch has assumed in some cases, and claimed in others,
a right of enlarging its own powers by constructions, inferences, and
indefinite deductions from those directly given, which this Assembly
does declare to be usurpations of the powers retained to the independent
branches, mere interpolations into the compact, and direct infractions
of it.
They claim, for example, and have commenced the exercise of a right to
construct roads, open canals, and effect other internal improvements
within the territories and jurisdictions exclusively belonging to the
several States, which this Assembly does declare has not been given to
that branch by the constitutional compact, but remains to each State
among its domestic and unalienated powers, exercisable within itself and
by its domestic authorities alone.
This Assembly does further disavow, and declare to be most false and
unfounded, the doctrine, that the compact, in authorizing its federal
branch to lay and collect taxes, duties, imposts, and excises to pay
the debts and provide for the common defence and general welfare of the
United States, has given them thereby a power to do whatever they may
think, or pretend, would promote the general welfare, which construction
would make that, of itself, a complete government, without limitation
of powers; but that the plain sense and obvious meaning were, that they
might levy the taxes necessary to provide for the general welfare, by
the various acts of power therein specified and delegated to them, and
by no others.
Pages:
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
700
701
702
703