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
It is manifest that there cannot be two supreme powers in the same
community, if both are to operate upon the same objects. But there is
nothing in the nature of political sovereignty to prevent its powers
from being distributed among different agents for different purposes.
This is constantly seen under the same government, when its
legislative, executive, and judicial powers are exercised through
different officers; and in truth, when we come to the law-giving
power alone, as soon as we separate its objects into different
classes, it is obvious that there may be several enacting authorities,
and yet each may be supreme over the particular subject committed to
it by the fundamental arrangements of society. Supreme laws, emanating
from separate authorities, may and do act on different objects without
clashing, or they may act on different parts of the same object with
perfect harmony. They are inconsistent when they are aimed at each
other, or at the same indivisible object.[318] When this takes place,
one or the other must yield; or, in other terms, one of them ceases to
be supreme on the particular occasion. It was the purpose of the
framers of the Constitution of the United States to provide a
paramount rule, that would determine the occasions on which the
authority of a State should cease to be supreme, leaving that of the
United States unobstructed. Certain conditions were made necessary to
the operation of this rule. The State law must conflict with some
provision of the Constitution of the United States, or with a law of
the United States enacted in pursuance of the constitutional authority
of Congress, or with a treaty duly made by the authority of the Union.
The operation of this rule constitutes the supremacy of the national
government. It was supposed that, by a careful enumeration of the
objects to which the national authority was to extend, there would be
no uncertainty as to the occasions on which the rule was to apply;
and as all other objects were to remain exclusively subject to the
authority of the States within their respective territorial limits,
the operation of the rule was carefully limited to those occasions.
Public-domain text, read in full here on John Shaqi.
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