Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions: Considered in Reference to the Constitution and Historically — John Shaqi
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
We have seen that the supremacy of the United States over all States and
State laws and the right to maintain that supremacy through its own
courts and by its own officers was fully established by the
Constitution. If we examine further the powers granted to the general
government by this Constitution, we find all that can be called
sovereign: those of intercourse with foreign nations, of war and peace,
of raising and keeping an army and navy, of the currency, of commerce
external and internal, of establishing post-offices and post-roads, and
fixing the standard of weights and measures, the exclusive right of
making citizens by naturalization, the regulating and command of the
militia when in its service, and issuing of copyrights and patents, the
making of all laws necessary and proper for carrying into execution the
granted powers and all other powers vested by the Constitution in the
government of the United States or in any department or office thereof,
with prohibitions to the States from entering into any treaty, alliance,
or confederation with another State or foreign power, making agreements
or _compacts_ with other States, keeping an army or war vessels in the
time of peace, or making laws impairing the obligation of a contract,
and _ex post facto_ law, coining money, emitting bills of credit--that
is making a paper currency (the issuing of paper had been carried to an
excess by the States and the Continental Congress during the
Revolution), and laying imposts or duties on imports or exports.[17]
There is no sovereignty remaining to a State that has granted all these
powers to the government over it, and is so restricted in its acts, and
cannot even make an agreement or a compact with a sister State. Indeed,
Calhoun, in his argument, seemed hard pushed to specify any sovereign
powers left to the States, when he mentioned that the States had the
power to appoint the officers of the militia and that Pennsylvania had
undertaken to punish treason.
[17] See Constitution of United States, Article I., Sections 8, 9, and
10, for statement of granted powers and restrictions on States.
Public-domain text, read in full here on John Shaqi.
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