the same powerful motives which induced the first step towards it, would continue, until the whole was concentrated in the federal government. The written restrictions and limitations of the constitution, would oppose no effectual resistance. They would all be gradually undermined by the slow and certain process of construction; which would be continued until the instrument itself, would be of no more force or validity than an ordinary act of Congress — nor would it be more respected. The opposing construction of the minority would become the subject of ridicule and scorn — as mere abstractions — until all encroachments would cease to be opposed. Nor would the effects end with the absorption of the reserved powers.
While the process was going on, it would react on the division of the powers of the federal government itself, and disturb its own equilibrium. The legislative department would be the first to feel its influence, and to cumulate authority, by encroachments; since Congress, as the organ of the delegated powers, possesses, by an express provision of the constitution, all the discretionary powers of the government. Neither of the other two can constitutionally exercise any power, which is not either expressly delegated by the constitution, or provided for by law. So long, then, as Congress remained faithful to its trust, neither of the others could encroach; since the officers of both are responsible to it, through the impeaching power; and hence the work of aggression must commence with it, or by its permission. But whatever encroachments it might
