Pestilential Foreign Invasion as a Question of States' Rights and the Constitution: The Failure of the Maritime States Demands a Common Defence : an Address Delivered Before the Tri-State Medical Society of Georgia, Alabama and Tennessee, at Chattanooga, October 26, 1892

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L. Graham & Son, Print, 1892 - Cholera - 35 pages
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Page 17 - National Board of Health, to consist of seven members, to be appointed by the President, by and with the advice and consent of the Senate, not more than one of whom shall be appointed from any one State, whose compensation, during the time when actually engaged in the performance of their duties...
Page 29 - It is not doubted that Congress has the power to go beyond the general regulations of commerce which it is accustomed to establish, and to descend to the most minute directions, if it shall be deemed advisable ; and that to whatever extent ground shall be covered by those directions, the exercise of State power is excluded. Congress may establish police regulations, as well as the States ; confining their operation to the subjects over which it is given control by the Constitution.
Page 27 - direct the revenue officers, and the officers commanding forts and revenue cutters, to aid in the execution of quarantine, and also in the execution of the health laws of the States, respectively, in such manner as to him may appear necessary.
Page 29 - It is not the mere existence of the power, but its exercise, which is incompatible with the exercise of the same power by the states. It is not the right to establish these uniform laws, but their actual establishment, which is inconsistent with the partial acts of the states.
Page 29 - ... and if a question arises as to any particular power it is presumed to be enjoyed by the State, unless it can be shown to have been taken away by the Federal Constitution ; or, in other words, a State is not deemed to be subject to any restriction which the Constitution has not distinctly imposed. The powers granted to the National Government are delegated powers, enumerated in and defined by the instrument which has created the Union.
Page 3 - Louisiana, of which you are an honorary member, that you will attend by invitation the annual meeting of the Tri-State Medical Association of Georgia, Alabama and Tennessee, to be held at Chattanooga, the 26th inst., for the purpose of addressing that body on th...
Page 29 - The Congress shall have Power To . . . provide for the common Defence and general Welfare of the United States...
Page 29 - The mere grant of a power to Congress does not of itself, in most cases, imply a prohibition upon the States to exercise the like power. ... It is not the mere existence of the National power, but its exercise, which is incompatible with the exercise of the same power by the States.
Page 26 - The power to regulate commerce in matters requiring a general system and uniform rule is in Congress exclusively.
Page 17 - No one perhaps more vigorously resisted and fought that National Board than did I myself as the responsible head of the Louisiana State Health Department, for reasons of clearly foreseen danger growing out of these organic errors in duties not definitely established within lawful limits, and therefore unharnessed powers of...

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