It has been said, that the people had already surrendered all their powers to the State sovereignties, and had nothing more to give. But, surely, the… - John Marshall

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It has been said, that the people had already surrendered all their powers to the State sovereignties, and had nothing more to give. But, surely, the question whether they may resume and modify the powers granted to government does not remain to be settled in this country. Much more might the legitimacy of the general government be doubted, had it been created by the States. The powers delegated to the State sovereignties were to be exercised by themselves, not by a distinct and independent sovereignty, created by themselves. To the formation of a league, such as was the confederation, the State sovereignties were certainly competent. But when, "in order to form a more perfect union," it was deemed necessary to change this alliance into an effective government, possessing great and sovereign powers, and acting directly on the people, the necessity of 'referring it to the people, and of deriving its powers directly from them, was felt and acknowledged by all.

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About John Marshall

John Marshall (September 24, 1755 – July 6, 1835) was an American statesman and jurist who greatly influenced American constitutional law. Marshall was the fourth Chief Justice of the United States, serving from February 4, 1801 until his death. He had previously served as a member of the United States House of Representatives and as Secretary of State, to John Adams.

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An unlimited power to tax involves, necessarily, a power to destroy; because there is a limit beyond which no institution and no property can bear taxation.

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The power to tax is the power to destroy.

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