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
By means of this skilful arrangement, a government, in which the
singular condition is found of separate duties prescribed to the
citizen by two distinct sovereignties, has operated with success. That
success is to be measured not wholly, or chiefly, by the diversities
of opinion on constitutional questions that may from time to time
prevail; nor by the means, aside from the Constitution, that may
sometimes have been thought of for counteracting its declared
interpretation; but by the practical efficiency with which the powers
of the Union have operated, and the general readiness to acquiesce in
the limitations given to those powers by the department in which their
construction is vested. This general acquiescence has steadily
increased, from the period when the government was founded until the
present day; and it has now come to be well understood, that there is
no alternative to take the place of a ready submission to the national
will, as expressed by or under the Constitution interpreted by the
proper national organ, excepting a resort to methods that lie wholly
without the Constitution, and that would completely subvert the
principles on which it was founded. For while it is true that the
people of each State constitute the sovereign power by which the
rights and duties of its inhabitants not involved in the Constitution
of the United States are to be exclusively governed, it is equally
true that they do not constitute the whole of the sovereign power
which governs those relations of its inhabitants that are committed to
the national legislature. The framers of the Constitution resorted to
an enactment of that instrument by the people of the United States,
and employed language which speaks in their name, for the express
purpose, among other things, of bringing into action a national
authority, on certain subjects. The organs of the general government,
therefore, are not the agents of the separate will of the people of
each State, for certain specified purposes, as its State government is
the agent of their separate will for all other purposes; but they are
the agents of the will of a collective people, of which the
inhabitants of a State are only a part. That the will of the whole
should not be defeated by the will of a part, was the purpose of the
supremacy assigned to the Constitution of the United States; and that
the rights and liberties of each part, not subject to the will of the
whole, should not be invaded, was the purpose of the careful
enumeration of the objects to which that supremacy was to extend.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account