Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
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Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
Another reason for preserving this section is, that without it there
would be no uniformity in the construction and administration of the
Constitution, laws, and treaties of the United States. If the courts of
twenty-four distinct, sovereign States, each possess the power, in the
last resort, of deciding upon the Constitution and laws of the United
States, their construction may be different in every State of the Union.
That act of Congress which conforms to the Constitution of the United
States, and is valid in the opinion of the supreme court of Georgia, may
be a direct violation of the provisions of that instrument, and be void
in the judgment of the supreme court of South Carolina. A State law in
Virginia might in this manner be declared constitutional, whilst the
same law, if passed by the Legislature of Pennsylvania, would be void.
Nay, what would be still more absurd, a law or treaty of the United
States with a foreign nation, admitted to be constitutionally made,
might secure rights to the citizens of one State, which would be denied
to those of another. Although the same Constitution and laws govern the
Union, yet the rights acquired under them would vary with every degree
of latitude. Surely the framers of the Constitution would have left
their work incomplete, had they established no common tribunal to decide
its own construction, and that of the laws and treaties made under its
authority. They are not liable to this charge, because they have given
express power to the Judiciary of the Union over “all cases, in law and
equity, arising under this Constitution, the laws of the United States,
and treaties made, or which shall be made, under their authority.”
The first Congress of the United States have, to a considerable extent,
carried this power into execution by the passage of the judicial act,
and it contains no provision more important than the 25th section.
Public-domain text, read in full here on John Shaqi.
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