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
The highly complex character of a system in which the duties and rights
of the citizen are thus governed by distinct sovereignties, would seem
to render the administration of the central power--surrounded as it is
by jealous and vigilant local governments--an exceedingly difficult and
delicate task. Its situation is without an exact parallel in any other
country in the world. But it possesses the means which no government of
a purely federal character has ever enjoyed, of an exact determination
by itself of its own powers; because every conflict between its
authority and the authority of a State may be made a judicial question,
and as such is to be solved by the judicial department of the nation.
This peculiar device has enabled the government of the United States to
act successfully and safely. Without it, each State must have been left
to determine for itself the boundaries between its own powers and those
of the Union; and thus there might have been as many different
determinations on the same question as the number of the States. At the
same time, this very diversity of interpretation would have deprived
the general government of all power to enforce, or even to have, an
interpretation of its own. Such a confused and chaotic condition had
marked the entire history of the Confederation. It was terminated with
the existence of that political system, by the establishment of the
rule which provides for the supremacy of the Constitution of the United
States, and by making one final arbiter of all questions arising under
it.
Public-domain text, read in full here on John Shaqi.
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