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
All the vital rights of minorities and of individuals are so plainly
assured to them by affirmations and negations, guaranties and
prohibitions in the Constitution, that controversies never arise
concerning them. But no organic law can ever be framed with a provision
specifically applicable to every question which may occur in practical
administration. No foresight can anticipate, nor any document of
reasonable length contain, express provisions for all possible
questions. Shall fugitives from labor be surrendered by national or by
State authorities? The Constitution does not expressly say. Must
Congress protect slavery in the Territories? The Constitution does not
expressly say. From questions of this class, spring all our
constitutional controversies, and we divide upon them into majorities
and minorities.
If the minority will not acquiesce, the majority must, or the government
must cease. There is no alternative for continuing the government but
acquiescence on the one side or the other. If a minority in such a case,
will secede rather than acquiesce, they make a precedent which in turn
will ruin and divide them, for a minority of their own will secede from
them whenever a majority refuses to be controlled by such a minority.
For instance, why not any portion of a new confederacy, a year or two
hence, arbitrarily secede again, precisely as portions of the present
Union now claim to secede from it? All who cherish disunion sentiments
are now being educated to the exact temper of doing this. Is there such
perfect identity of interests among the States to compose a new Union as
to produce harmony only, and prevent renewed secession? Plainly, the
central idea of secession is the essence of anarchy.
A majority held in restraint by constitutional check and limitation, and
always changing easily with deliberate changes of popular opinions and
sentiments, is the only true sovereign of a free people. Whoever rejects
it, does, of necessity, fly to anarchy or to despotism. Unanimity is
impossible; and the rule of a majority, as a permanent arrangement, is
wholly inadmissible. So that, rejecting the majority principle, anarchy
or despotism in some form is all that is left.
I do not forget the position assumed by some that constitutional
questions are to be decided by the Supreme Court, nor do I deny that
such decisions must be binding in any case upon the parties to a suit,
as to the object of that suit, while they are also entitled to very high
respect and consideration in all parallel cases by all other departments
of the government; and while it is obviously possible that such
decision may be erroneous in any given case, still the evil effect
following it, being limited to that particular case, with the chance
that it may be overruled and never become a precedent for other cases,
can better be borne than could the evils of a different practice.
Public-domain text, read in full here on John Shaqi.
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