But if congress had put this prohibition distinctly in the form of a penalty, the usurpation would have been so barefaced--so destitute of all color of constitutional authority--that congress dared not risk the consequences.
He suggests that if the prohibition had been labeled as a penalty, it would have been more easily challenged.
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They do not attempt to deceive us, or mislead us, or reconcile us to their doings, by any such pretences, impostures, or insults as these.
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