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
The only authority given by the Constitution to States is this power of
amending it by the concurrence of State Legislatures in propositions
made by the Congress of the United States or the Legislatures of three
fourths of the States, and also the right of equal representation in the
Senate, and that in the election of President the vote is by electors
appointed in such manner as the State Legislature may direct.
The provision forbidding a State from emitting bills of credit, passing
any bill of attainder, _ex post facto_ law, or law impairing the
obligation of contracts, are a restriction that sovereign nations would
never have submitted to.
When a foreigner becomes a citizen, he abjures his allegiance to
his native country, and the oath he takes is before a United States
officer to the United States, not to the State in which he is
naturalized. Finally, by the Constitution the President is made the
commander-in-chief of the army and navy of the United States, and of the
militia of the several States. While an oath or affirmation is required
of every Senator or Representative, of every executive and judicial
officer of the United States and of every State, to support the
Constitution, the President alone--the one having the supreme military
power over all forces on land or sea--must swear or affirm that he will
faithfully execute the office, and “to the best of my ability, preserve,
protect, and defend the Constitution of the United States”; not to keep
from encroachment upon the rights of the States, but to preserve,
protect, and defend the Constitution. Can it be said that it is not to
be preserved over its citizens and States that are in arms to subvert or
resist its laws and supremacy?
Jefferson, in the time of the Confederacy, when the States were
neglecting to pay the requisitions made of them, recommended that the
Continental Congress should show its teeth and send a frigate into the
ports of a delinquent State; but the new Constitution intended to draw
the teeth of the States by prohibiting them from keeping troops or ships
of war; and it reserved to the national government the right “to raise
and support armies”; “to provide and maintain a navy”; and gave it the
power of “calling forth the militia to execute the laws of the Union,
suppress insurrection, and repel invasion.” Thus the Constitution added
to the supremacy of the new government the power to enforce it, and took
from the States the power, as far as it could consistently with freedom,
of resistance.
Public-domain text, read in full here on John Shaqi.
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