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
constitution which requires such aid; neither is any law, other than to
prescribe the form of the oath, necessary or proper to carry this part
of the constitution into effect; for the oath required by the
constitution being a necessary qualification for the State officers
mentioned, cannot be dispensed with by any authority whatever other than
the people, and the judicial power of the United States, extending to
all cases arising in law or equity under this constitution. The Judges
of the United States, who are bound to support the constitution, may, in
all cases within their jurisdiction, annul the official acts of State
officers, and even the acts of the members of the State Legislatures, if
such members and officers were disqualified to do or pass such acts, by
neglecting or refusing to take this oath. He concluded his observations,
by submitting to the House the propriety of appointing a Committee of
Conference, to state to the Senate the doubts of the House upon this
subject.
Mr. BLAND had no doubt respecting the powers of Congress on this
subject. The evident meaning of the words of the constitution implied,
that Congress should have the power to pass a law, directing the time
and manner of taking the oath prescribed for supporting the
constitution. There can be no hesitation respecting the power to direct
their own officers, and the constituent parts of Congress; besides, if
the State Legislatures were to be left to arrange and direct this
business, they would pass different laws, and the officers might be
bound in different degrees to support the constitution. He not only
thought Congress had the power to do what was proposed by the Senate,
but he judged it expedient also, and therefore should agree to the
amendment.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account