Key-Notes of American Liberty: Comprising the most important speeches, proclamations, and acts of Congress, from the foundation of the government to the present timeVarious
History
Key-Notes of American Liberty: Comprising the most important speeches, proclamations, and acts of Congress, from the foundation of the government to the present time
Various
United States -- History -- Sources
The ordinance is founded, not on the indefeasible right of resisting
acts which are plainly unconstitutional, and too oppressive to be
endured, but on the strange position that any one State may not only
declare an act of Congress void, but prohibit its execution--that they
may do this consistently with the Constitution--that the true
construction of that instrument permits a State to retain its place in
the Union, and yet be bound by no other of its laws than those it may
choose to consider as constitutional. It is true they add, that, to
justify this abrogation of a law, it must be palpably contrary to the
Constitution; but it is evident, that to give the right of resisting
laws of that description, coupled with the uncontrolled right to decide
what laws deserve that character, is to give the power of resisting all
laws. For, as by the theory, there is no appeal, the reasons alleged by
the State, good or bad, must prevail. If it should be said that public
opinion is a sufficient check against the abuse of this power, it may be
asked why is it not deemed a sufficient guard against the passage of an
unconstitutional act by Congress. There is, however, a restraint in this
last case, which makes the assumed power of a State more indefensible,
and which does not exist in the other. There are two appeals from an
unconstitutional act passed by Congress--one to the judiciary, the other
to the people and the States. There is no appeal from the State decision
in theory; and the practical illustration shows that the courts are
closed against an application to review it, both judges and jurors
being sworn to decide in its favor. But reasoning on this subject is
superfluous, when our social compact in express terms declares, that the
laws of the United States, its Constitution, and treaties made under it,
are the supreme law of the land; and for greater caution adds, "that the
judges in every State shall be bound thereby, anything in the
constitution or laws of any State to the contrary notwithstanding." And
it may be asserted, without fear of refutation, that no federative
government could exist without a similar provision. Look, for a moment,
to the consequence. If South Carolina considers the revenue laws
unconstitutional, and has a right to prevent their execution in the port
of Charleston, there would be a clear constitutional objection to their
collection in every other port, and no revenue could be collected
anywhere; for all imposts must be equal. It is no answer to repeat that
an unconstitutional law is no law, so long as the question of its
legality is to be decided by the State itself; for every law operating
injuriously upon any local interest will be perhaps thought, and
certainly represented, as unconstitutional, and, as has been shown,
there is no appeal.
Public-domain text, read in full here on John Shaqi.
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