The absolute prohibitions are the following : 1. No state shall enter into any treaty, alliance, or con federation.
By this last word is clearly understood, not only with foreign states, but with each other.
2. Nor grant letters of marque or reprisal.
This amounts to an absolute prohibition from entering into a maritime war.
3. They shall not coin money ; emit bills of credit, nor make any thing but gold and silver a tender for the pay ment of debts.
4 Nor grant any title of nobility.
5. Nor pass any bill of attainder.
6 Nor expost facto law.
7. Nur law impairing the obligation of contracts.
The prohibition against making expost facto laws, has been judicially expounded to apply only to penal statutes. (Calder v. Bull ; in Sup. Cur. U. S. 3. Dallas 386) It does not, therefore, apply to laws merely affecting civil rights or engagements. These are provided for by the following clause, which prohibits the states from making laws impairing the obligation of contracts. There isa case at this inumeint be lure the supreme court at Washington, which involves the question whether an insolvent law . n acted by a state legislature, by which not only the person of the debtor, but the ciebt itself is discharged, conies this prohibition. As to debts existing at the time of ing the law, there can be no doubt that, a state has a power to declare then, discharged in any case against the will of the creditor ; if the statute, however, is prospective, and to affect only such debts as may be contracted after its passage, there seems more reason to hesitate, as e very con tract is considered as made with a view to the existing laws, and to be modified by them ; but we will not anticipate on the decision of the supreme tribunal of the union.
We pass DOW on to the legislative powers which the states can only exercise with the permission of congress, and they are the following : 1. To engage in war, unless actually invaded, or in such imminent danger as will admit of no delay.
2. To keep troops or ships of war in time of peaee.
3. To &mer into any agreement or compact with another state, or foreign power.
4. To lay any duty on tonnage.
5. Or any impost or duty on imports or exports, except what may be absolutely necessary for executing the states' inspection laws.
It is further provided, that all state laws laying imposts or duties on imports or exports, shall be subject to the re vison and control of congress, and that the produce of all such duties or imposts shall be for the use of the treasury of the United States.
Thus our national constitution offers the novel spec tacle of a confederacy of independent governments limit ted in their powers by a supreme government which has itself but a limitted authority ; so that it may be truly said, that a general legislative power exists in no delegated body of men in this country. Round the federal as well as round the state governments, the constitution has traced various elides, beyond which, like the sun and stars in the firmament, the power which created them has forbidden them to move.
That power is TUE PEOPLE. Their paramount authority is secured by two special amendments to the constitution.