History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
In seeking an answer to this question, it is necessary to recur, as we
have constantly been obliged to do, to the nature of the government
which the Constitution was made to supersede. In that system, the
experiment had been tried of a union of States,--each possessed of a
complete government of its own,--which was intended to combine their
several energies for the common defence and the promotion of the
general welfare. But this combined will of distinct communities,
expressed through the action of a common agent, was wholly unable to
overcome the adverse will of any of them expressed by another and
separate agent, although the objects of the powers bestowed on the
confederacy were carefully stated and sufficiently defined in a public
compact. Thus, for example, the treaty-making power was expressly
vested in the United States in Congress assembled; but when a treaty
had been made, it depended entirely upon the separate pleasure of each
State whether it should be executed. If the State governments did not
see fit to enforce its provisions upon their own citizens, or thought
proper to act against them, there was no remedy, both because the
Congress could not legislate to control individuals, and because there
was no department clothed with authority to compel individuals to
conform their conduct to the requirements of the treaty, and to
disregard the opposing will of the State.
This defect was now to be supplied, by giving to the national
authority, not only theoretically but practically, a supremacy over
the authority of each State. But this was not to be done by
annihilating the State governments. The government of every State was
to be preserved; and so far as its original powers were not to be
transferred to the general government, its authority over its own
citizens and within its own territory must, from the nature of
political sovereignty, be supreme. There were, therefore, to be two
supreme powers in the same country, operating upon the same
individuals, and both possessed of the general attributes of
sovereignty. In what way, and in what sense, could one of them be made
paramount over the other?
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