A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
History
A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
Jackson, Andrew, 1767-1845; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
Strict duty would require of me nothing more than the exercise of those
powers with which I am now or may hereafter be invested for preserving
the peace of the Union and for the execution of the laws; but the
imposing aspect which opposition has assumed in this case, by clothing
itself with State authority, and the deep interest which the people of
the United States must all feel in preventing a resort to stronger
measures while there is a hope that anything will be yielded to
reasoning and remonstrance, perhaps demand, and will certainly justify,
a full exposition to South Carolina and the nation of the views I
entertain of this important question, as well as a distinct enunciation
of the course which my sense of duty will require me to pursue.
The ordinance is founded, not on the indefeasible right of resisting
acts which are plainly unconstitutional and too oppressive to be
endured, but on the strange position that any one State may not only
declare an act of Congress void, but prohibit its execution; that they
may do this consistently with the Constitution; that the true
construction of that instrument permits a State to retain its place in
the Union and yet be bound by no other of its laws than those it may
choose to consider as constitutional. It is true, they add, that to
justify this abrogation of a law it must be palpably contrary to the
Constitution; but it is evident that to give the right of resisting laws
of that description, coupled with the uncontrolled right to decide what
laws deserve that character, is to give the power of resisting all laws;
for as by the theory there is no appeal, the reasons alleged by the
State, good or bad, must prevail. If it should be said that public
opinion is a sufficient check against the abuse of this power, it may be
asked why it is not deemed a sufficient guard against the passage of an
unconstitutional act by Congress? There is, however, a restraint in this
last case which makes the assumed power of a State more indefensible,
and which does not exist in the other. There are two appeals from an
unconstitutional act passed by Congress--one to the judiciary, the other
to the people and the States. There is no appeal from the State decision
in theory, and the practical illustration shows that the courts are
closed against an application to review it, both judges and jurors being
sworn to decide in its favor. But reasoning on this subject is
superfluous when our social compact, in express terms, declares that the
laws of the United States, its Constitution, and treaties made under it
are the supreme law of the land, and, for greater caution, adds "that
the judges in every State shall be bound thereby, anything in the
constitution or laws of any State to the contrary notwithstanding." And
it may be asserted without fear of refutation that no federative
government could exist without a similar provision. Look for a moment to
the consequence. If South Carolina considers the revenue laws
Public-domain text, read in full here on John Shaqi.
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