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
This section ought not to be repealed, because, in the opinion of the
minority of the Committee on the Judiciary, its repeal would seriously
endanger the existence of this Union. The chief evil which existed under
the old confederation, and which gave birth to the present Constitution,
was that the General Government could not act directly upon the people,
but only by requisition upon sovereign States. The consequence was, that
the States either obeyed or disobeyed these requisitions, as they
thought proper. The present Constitution was intended to enable the
Government of the United States to act immediately upon the people of
the States, and to carry its own laws into full execution, by virtue of
its own authority. If this section were repealed, the General Government
would be deprived of the power, by means of its own judiciary, to give
effect either to the Constitution which called it into existence, or to
the laws and treaties made under its authority. It would be compelled to
submit, in many important cases, to the decisions of State courts; and
thus the very evil which the present Constitution was intended to
prevent would be entailed upon the people. The judiciary of the States
might refuse to carry into effect the laws of the United States; and
without that appeal to the Supreme Court which the 25th section
authorizes, these laws would thus be entirely annulled, and could not be
executed without a resort to force.
This position may be illustrated by a few striking examples. Suppose the
Legislature of one of the States, believing the tariff laws to be
unconstitutional, should determine that they ought not to be executed
within its limits. They accordingly pass a law, imposing the severest
penalties upon the collector and other custom-house officers of the
United States within their territory, if they should collect the duties
on the importation of foreign merchandise. The collector proceeds to
discharge the duties of his office under the laws of the United States,
and he is condemned and punished before a State court for violating this
State law. Repeal this section, and the decision of the State court
would be final and conclusive; and any State could thus nullify any act
of Congress which she deemed to be unconstitutional.
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