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
But the framers of the Constitution had come fresh from the
inconveniences and injustice that had resulted from the unrestrained
legislative powers of the States. Some of them believed it, therefore,
to be necessary to make the authority of the United States paramount
over the authority of each separate State; and a negative upon State
legislation, to be exercised by the legislative branch of the
national government, seemed to be the readiest way of accomplishing
the object. Some of the suggestions of the mode in which this power
was to operate strike us, at the present day, as singularly strange.
No less a person than Mr. Madison, in answer to the objections arising
from the practical difficulties in subjecting all the legislation of
all the States to the revision of a central power, thought at this
time that something in the nature of a commission might be issued into
each State, in order to give a temporary assent to laws of urgent
necessity. He suggested also that the negative might be lodged in the
Senate, in order to dispense with constant sessions of the more
numerous branch.
But the radical objection to any plan of a negative on State
legislation, as a legislative power of the general government, was,
that it would not in fact dispense with the use of force against a
State in the last resort. If, after the exercise of the power, the
State whose obnoxious law had been prohibited should see fit to
persist in its course, force must be resorted to as the only ultimate
remedy. How different, how wise, was the expedient subsequently
devised, when the appropriate office of the judicial power was
discerned,--a power that waits calmly until the clashing authorities
of the State and the nation have led to a conflict of right or duty in
some individual case, and then peacefully adjudicates, in a case of
private interest, the great question, with which of the two
governments resides the power of prescribing the paramount rule of
conduct for the citizen! Disobedience on the part of the State may, it
is true, still follow after such an adjudication, and against an open
array of force on the one side nothing but force remains to be
employed on the other. But the great preventive of this dread
necessity is found in the fact, that there has been an adjudication by
a tribunal that commands the confidence of all, and in the moral
influence of judicial determinations over a people accustomed to
submit not only their interests, but their feelings even, to the
arbitrament of juridical discussion and decision.
* * * * *
TABLE
EXHIBITING THE POPULATIONS OF THE THIRTEEN STATES, ACCORDING TO THE
CENSUS OF 1790.
N. B.--In this abstract Maine is not included in Massachusetts, nor
Kentucky and Tennessee in the States from which they were severed.
Public-domain text, read in full here on John Shaqi.
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