Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
History
Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
Constitutional history -- United States -- Sources; United States. Constitution
In the recognition which the Landholder professes to make “of what
occurred to my advantage,” he equally deals in the arts of
misrepresentation, as while he was “only the record of the bad,” and I am
equally obliged from a regard to truth to disclaim his pretended
approbation as his avowed censure. He declares that I originated the
clause which enacts that “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, any thing in the Constitution or the laws of any state to the
contrary notwithstanding.” To place this matter in a proper point of view,
it will be necessary to state, that as the propositions were reported by
the committee of the whole house, a power was given to the general
government to negative the laws passed by the state legislatures, a power
which I considered as totally inadmissible; in substitution of this I
proposed the following clause, which you will find very materially
different from the clause adopted by the Constitution, “that the
legislative acts of the United States, made by virtue and in pursuance of
the articles of the union, and all treaties made and ratified under the
authority of the United States, shall be the supreme law of the respective
states, so far as those acts or treaties shall relate to the said states
or their citizens, and that the judiciaries of the several states shall be
bound thereby in their decisions, any thing in the respective laws of the
individual states to the contrary notwithstanding.” When this clause was
introduced, it was not established that inferior continental courts should
be appointed for trial of all questions arising on treaties and on the
laws of the general government, and it was my wish and hope that every
question of that kind would have been determined in the first instance in
the courts of the respective states; had this been the case, the propriety
and the necessity that treaties duly made and ratified, and the laws of
the general government, should be binding on the state judiciaries which
were to decide upon them, must be evident to every capacity, while at the
same time, if such treaties or laws were inconsistent with our
constitution and bill of rights, the judiciaries of this state would be
bound to reject the first and abide by the last, since in the form I
introduced the clause, notwithstanding treaties and the laws of the
general government were intended to be superior to the laws of our state
government, where they should be opposed to each other, yet that they were
not proposed nor meant to be superior to our constitution and bill of
rights. It was afterwards altered and amended (if it can be called an
amendment) to the form in which it stands in the system now published, and
Public-domain text, read in full here on John Shaqi.
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