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Monday, March 21, 2005

'The Proper...Province' by Alexander Hamilton

pre-post: 12-03-04

____ ('The Proper and Peculiar Province') _____

__ Writing in No. 78 of The Federalist Papers,
Alexander Hamilton ... remind[ed] his readers
that the Constitution limited legislative authority

... There is no position which depends on clearer
principles than that every act of delegated authority,
contrary to the tenor of the commission under which
it is exercised, is void.

No legislative act,
therefore, contrary to the Constitution, can be valid.

To deny this would be to affirm that the deputy is
greater than his principal ...

that the representatives of the people are superior
to the people themselves;

that men acting by virtue of powers may not do
only what their powers do not authorize, but what
they forbid.