Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. LAWRENCE.--I believe, Mr. Speaker, if there is any thing improper in
making provision that the officers shall take an oath to support the
Government, the fault cannot properly be charged upon us, because the
provision is already made, and adopted by our constituents; and we are
to suppose that some beneficial effects were intended by it; while we
are reprobating the measure, let us take care we do not fall under the
censure, which the observation of the gentleman last up brought to our
view, of taking an oath, and neglecting to fulfil the duties enjoined by
it. I believe, sir, that the persons who are to take this oath in
conformity to the constitution, will conceive themselves, after having
taken such oath, under an obligation to support the constitution. It has
been said by one gentleman, that Congress have not the power to carry
this regulation into effect. Only a few words will be necessary to
convince gentlemen that Congress have this power. It is declared by the
constitution, that its ordinances shall be the supreme law of the land.
If the constitution is the supreme law of the land, every part of it
must partake of this supremacy; consequently, every general declaration
it contains is the supreme law. But then these general declarations
cannot be carried into effect, without particular regulations adapted to
the circumstances. These particular regulations are to be made by
Congress, who, by the constitution, have power to make all laws
necessary or proper to carry the declarations of the constitution into
effect. The constitution likewise declares, that the members of the
State Legislatures, and all officers, executive and judicial, shall take
an oath to support the constitution. This declaration is general, and it
lies with the supreme Legislature to detail and regulate it. The law is
to supply the necessary means of executing the principle laid down; for
how can it be carried into effect in any other manner? This explanation,
I trust, convinces gentlemen that the power of enacting such a law
exists in Congress. But whether it is good policy or not to do it,
depends upon a variety of circumstances; for my own part, I think it
prudent to make the necessary regulations for carrying into effect this
part of the constitution.
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