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
We have in this country an authority much higher than that of sovereign
States. It is the authority of the sovereign people of each State. In
their State conventions they ratified the Constitution of the United
States; and so far as that Constitution has deprived the States of any
of the attributes of sovereignty, they are bound by it, because such was
the will of the people. The Constitution, thus called into existence by
the will of the people of the several States, has declared itself, and
the laws and treaties which should emanate from its authority, to be
“the supreme law of the land;” and the judges in every State shall be
bound thereby, anything in the Constitution or laws of any State to the
contrary notwithstanding.
Why, then, should a State, who has obtained a judgment in her own courts
against an individual, in violation of this “supreme law of the land,”
be protected from having her judgment reversed by the Supreme Court of
the United States? Is there any reason, either in the Constitution or in
natural justice, why judgments obtained by a State in her own courts
should be held sacred, notwithstanding they violated the Constitution
and laws of the Union, which would not apply, at least with equal force,
in favor of individual plaintiffs? The Constitution subjects to the
review of the Supreme Court all cases in law or equity arising under
itself, or the laws of the Union. It excepts no case bearing this
character. Whether the party be a State or an individual, all must alike
bow to the sovereign will of the people, expressed in the Constitution
of the United States.
In suits brought by a State against an individual in her own courts,
there is much greater danger of oppression, considering the relative
power and influence of the parties, than there would be in controversies
between individuals. And are these to be the only cases selected, in
which the citizen shall not be permitted to protect himself by the
Constitution and laws of the Union before the Supreme Court of the
United States? Is it not sufficient that, under the Constitution, the
States cannot be sued as defendants, without adding to this, by a
strained and unnatural construction, the additional privilege that the
judgments which they may obtain as plaintiffs or prosecutors before
their own courts, whether right or wrong, shall in all cases be
irreversible?
We will not repeat the considerations which have been already urged to
prove that, unless this provision of the Constitution applies to the
States, the rights of individuals will be sacrificed, all uniformity of
decision abandoned, and each one of the States will have it in her power
to set the Constitution and laws of the United States at defiance.
The eleventh amendment to the Constitution of the United States
interferes in no respect with the principles for which we have
contended. It is in these words:
Public-domain text, read in full here on John Shaqi.
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