A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
It is not strange that the framers of the Constitution, which had no
model in the past, should not have fully comprehended the excellence of
their own work. Fresh from a struggle against arbitrary power, many
patriots suffered from harassing fears of an absorption of the State
governments by the General Government, and many from a dread that the
States would break away from their orbits. But the very greatness
of our country should allay the apprehension of encroachments by the
General Government, The subjects that come unquestionably within its
jurisdiction are so numerous that it must ever naturally refuse to be
embarrassed by questions that lie beyond it. Were it otherwise the
Executive would sink beneath the burden, the channels of justice would
be choked, legislation would be obstructed by excess, so that there is
a greater temptation to exercise some of the functions of the General
Government through the States than to trespass on their rightful sphere.
The "absolute acquiescence in the decisions of the majority" was at the
beginning of the century enforced by Jefferson as "the vital principle
of republics;" and the events of the last four years have established,
we will hope forever, that there lies no appeal to force.
The maintenance of the Union brings with it "the support of the State
governments in all their rights," but it is not one of the rights of any
State government to renounce its own place in the Union or to nullify
the laws of the Union. The largest liberty is to be maintained in the
discussion of the acts of the Federal Government, but there is no appeal
from its laws except to the various branches of that Government itself,
or to the people, who grant to the members of the legislative and of the
executive departments no tenure but a limited one, and in that manner
always retain the powers of redress.
"The sovereignty of the States" is the language of the Confederacy, and
not the language of the Constitution. The latter contains the emphatic
words--
This Constitution and the laws of the United States which shall be made
in pursuance thereof, and all treaties made or which shall be made under
the authority of the United States, shall be the supreme law of the
land, and the judges in every State shall be bound thereby, anything in
the constitution or laws of any State to the contrary notwithstanding.
Public-domain text, read in full here on John Shaqi.
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