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
Now when the people of each and every State did “ordain and establish” a
new form of government which was to be supreme over the constitution,
that is the government of their particular State, and imposed upon every
legislative, executive, and judicial officer of their own State an oath
to support that government, where is the right of a State to question?
Over what is the United States supreme if not over States? Why should an
oath have been required to support that supremacy over State governments
unless to make that supremacy certain, and resistance to or question of
it criminal?
Those who made and established the government knew of the oath that is
required by State governments of their officers to support their
constitutions, and they would not have required this additional oath if
the two oaths could have conflicted, or if there could have been any
doubt that the obligations required by a State government were to be
subordinated to the supreme powers and laws of the general government.
Then to prevent the government from being encroached upon by the States
the judicial power was given to the United States over all cases arising
under this Constitution, the laws of the United States, its treaties,
and cases affecting ambassadors, etc. So, as Webster declared, no State
law or judicial decision of a State could interfere. By this clause the
United States courts had the right, which they have uniformly and very
often exercised, from the beginning of our government until this day, of
taking from the jurisdiction of the State courts all and every case in
which the construction of a United States law came in question or where
the legality of the act of any United States official was concerned.
Public-domain text, read in full here on John Shaqi.
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