History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
The sixth article was also violated by an act of the same State, which
made those inhabitants who had adhered to the enemy, if found within the
State, guilty of misprision of treason, and rendered them incapable of
holding office, or of voting at elections.[246]
The powers of the government were entirely inadequate to meet this state
of things. The Confederation gave to the United States in Congress
assembled the sole and exclusive right of determining on peace and war,
and of entering into treaties and alliances. The nature of the
sovereignty thus established made a treaty the law of the land, and
binding upon every member of the Union; but there existed no means of
enforcing the obligation. If the legislatures of the States passed laws
restraining or interfering with the provisions of a treaty, Congress
could only declare that they ought to be, and recommend that they should
be, repealed. The simple and effectual intervention of a national
judiciary, clothed with the power of declaring void any State
legislation that conflicted with the national sovereignty, and of giving
the means of enforcing all rights which that sovereignty had guaranteed
by compact with a foreign power, did not exist. Resort, it is true,
could be had to the State tribunals; and, on one memorable occasion,
such resort was had to them with success. But the legislative power
assailed the independence of the judiciary, and indignantly declared a
decision, made with fairness by a competent tribunal, subversive of law
and good order, because it recognized the paramount authority of a
treaty over a statute of the State.[247]
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