A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
Buchanan, James, 1791-1868; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
Congress can contribute much to avert it by proposing and recommending
to the legislatures of the several States the remedy for existing evils
which the Constitution has itself provided for its own preservation.
This has been tried at different critical periods of our history, and
always with eminent success. It is to be found in the fifth article,
providing for its own amendment. Under this article amendments have
been proposed by two-thirds of both Houses of Congress, and have been
"ratified by the legislatures of three-fourths of the several States,"
and have consequently become parts of the Constitution. To this process
the country is indebted for the clause prohibiting Congress from passing
any law respecting an establishment of religion or abridging the freedom
of speech or of the press or of the right of petition. To this we
are also indebted for the bill of rights which secures the people
against any abuse of power by the Federal Government. Such were the
apprehensions justly entertained by the friends of State rights at
that period as to have rendered it extremely doubtful whether the
Constitution could have long survived without those amendments.
Again the Constitution was amended by the same process, after the
election of President Jefferson by the House of Representatives, in
February, 1803. This amendment was rendered necessary to prevent a
recurrence of the dangers which had seriously threatened the existence
of the Government during the pendency of that election. The article
for its own amendment was intended to secure the amicable adjustment
of conflicting constitutional questions like the present which might
arise between the governments of the States and that of the United
States. This appears from contemporaneous history. In this connection
I shall merely call attention to a few sentences in Mr. Madison's
justly celebrated report, in 1799, to the legislature of Virginia.
In this he ably and conclusively defended the resolutions of the
preceding legislature against the strictures of several other State
legislatures. These were mainly founded upon the protest of the Virginia
legislature against the "alien and sedition acts," as "palpable and
alarming infractions of the Constitution." In pointing out the peaceful
and constitutional remedies--and he referred to none other--to which the
States were authorized to resort on such occasions, he concludes by
saying that--
The legislatures of the States might have made a direct representation
to Congress with a view to obtain a rescinding of the two offensive
acts, or they might have represented to their respective Senators
in Congress their wish that two-thirds thereof would propose an
explanatory amendment to the Constitution; or two-thirds of themselves,
if such had been their option, might by an application to Congress
have obtained a convention for the same object.
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