Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions: Considered in Reference to the Constitution and HistoricallyLoring, Caleb William
History
Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions: Considered in Reference to the Constitution and Historically
Loring, Caleb William
Nullification (States' rights); Secession
[6] Webster’s definition of constitution apparently is not a full one.
A constitution is the fundamental statement of the powers granted to
the government established by it; and it may, as Webster says, also
contain the regulation under which its authority is to be executed.
“Again the Constitution speaks of that political system which is
established as the _Government of the United States_. Is it not doing
strange violence to language to call a league or compact between
sovereign powers a _government_?”
The United States Government thus originated from the people, as did the
State governments. It is created for one purpose, the State governments
for another; it has its own powers, they have theirs. There is no more
authority with them to arrest the operation of a law of Congress, than
with Congress to arrest the operation of their laws.
It was an Union among the States that should last for all time. It
contains provisions for its amendment, none for its abandonment at any
time. It declares that new States may come into it, but it does not
declare that old States may go out.
The Government was brought into existence for the very purpose of
imposing certain salutary restraints on the State governments: it gave
the United States _sovereign powers_ over the States; it could make war,
it could coin money, it could make treaties; it prohibited a State from
making war, coining money, or making treaties; it gave the United States
the exclusive power to make citizens. The people erected this
Government; they gave it a Constitution, and in that Constitution they
enumerated the powers they bestowed; they made it a limited Government;
they defined its authority. They did not leave it to the States to carry
out the legal action--the application of law to individuals--as the
Confederacy did. In the Constitution itself it declared the
_Constitution and the laws of the United States, made in pursuance
thereof, shall be the supreme law of the land, anything in the
constitution or laws of any State to the contrary notwithstanding_. No
State law is to be valid which comes in conflict.
Having enumerated the specified powers of the Government, it gives to
Congress as a distinct and substantive clause, the power to make all
laws which shall be necessary and proper for carrying into execution the
foregoing powers and all other powers vested by this Constitution in the
Government of the United States or in any department or office thereof.
Who is to decide when a controversy arises between the laws of a State
and the United States? The claim of South Carolina is that instead
of one tribunal we are to have four and twenty, as many tribunals
as States; that each State is at liberty to decide as to the
constitutionality of an act for itself and none bound to respect the
decision of others.
Public-domain text, read in full here on John Shaqi.
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