Daniel Webster for Young Americans: Comprising the greatest speeches of the defender of the ConstitutionWebster, Daniel
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Daniel Webster for Young Americans: Comprising the greatest speeches of the defender of the Constitution
Webster, Daniel
Readers; Speeches, addresses, etc., American
So, Sir, I understood the gentleman, and am happy to find that I did not
misunderstand him. What he contends for is that it is constitutional to
interrupt the administration of the Constitution itself, in the hands of
those who are chosen and sworn to administer it, by the direct
interference, in form of law, of the States, in virtue of their
sovereign capacity. The inherent right in the people to reform their
government I do not deny; and they have another right, and that is to
resist unconstitutional laws, without overturning the government. It is
no doctrine of mine that unconstitutional laws bind the people. The
great question is, Whose prerogative is it to decide on the
constitutionality or unconstitutionality of the laws? On that the main
debate hinges. The proposition that, in case of a supposed violation of
the Constitution by Congress, the States have a constitutional right to
interfere and annul the law of Congress, is the proposition of the
gentleman. I do not admit it. If the gentleman had intended no more than
to assert the right of revolution for justifiable cause, he would have
said only what all agree to. But I cannot conceive that there can be a
middle course, between submission to the laws, when regularly pronounced
constitutional, on the one hand, and open resistance, which is
revolution or rebellion, on the other. I say the right of a State to
annul a law of Congress cannot be maintained, but on the ground of the
inalienable right of man to resist oppression; that is to say, upon the
ground of revolution. I admit that there is an ultimate violent remedy,
above the Constitution and in defiance of the Constitution, which may
be resorted to when a revolution is to be justified. But I do not admit
that, under the Constitution and in conformity with it, there is any
mode in which a State government, as a member of the Union, can
interfere and stop the progress of the general government, by force of
her own laws, under any circumstances whatever.
[Sidenote: The source of the power of the government of the United
States.]
[Sidenote: The people's government.]
[Sidenote: The Constitution declared by the people to be the supreme
law.]
[Sidenote: The general government and the State governments derive their
authority from the people.]
[Sidenote: General powers as over against State powers.]
Public-domain text, read in full here on John Shaqi.
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