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
A yet more important clause in the Constitution shows conclusively the
supremacy and national character of the government; namely that giving
it the power of changing and extending its authority to whatever extent
it chooses by amendments, provided they are accepted by the Legislatures
of three quarters of the States. By amendments made in this manner the
United States can take whatever authority it pleases from the States. It
can give its government a veto over the laws of the separate States,
appoint the executive officers of a State--powers proposed in the
convention that made the Constitution. The only limit in the
Constitution to the extension of the government’s power by amendments is
that no State without its consent could be deprived of its equal
suffrage in the Senate, and the importation of slaves until 1808 should
not be prohibited. Under this provision the General Government, with the
concurrence of three fourths of the Legislatures of the States, has an
authority that no State government has. None of the State constitutions
grant its Legislature the right to extend its powers over counties,
cities, and towns; it must go to the people for that.
How can it be said that sovereignty remains in a State, when it gives to
its associates the right to make all its laws if only three quarters of
them so elect? The granting by a community of power to a government over
it to control it, as it pleases, takes away the very foundation of
sovereign right; and objection was made to this clause for this very
reason. In the convention Elbridge Gerry, a prominent delegate from
Massachusetts, afterwards Governor of that State and Vice-President of
the United States, objected because the Constitution is paramount to the
State constitutions, and that two thirds of the States may introduce
innovations that would subvert the State constitution altogether.[19] It
is by the power given in this clause, that after the war of secession
slavery was abolished through the acceptance by the States of amendments
to that effect. The proclamation of Lincoln abolishing slavery in the
States in insurrection on January 1, 1863, did not give liberty to the
slaves in Delaware, Maryland, Missouri and Kentucky, and parts of other
States, that were not in rebellion. Many, perhaps all, of these States
abolished slavery before the amendments were passed.
[19] 5 Elliot, p. 530. The clause was altered so that the ratification
of three fourths of the Legislatures of the States was required,
though two thirds of the States can call a new convention, and two
thirds of Congress propose amendments to the Constitution.
Public-domain text, read in full here on John Shaqi.
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