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 government of the Confederacy depended upon the several State
governments, their soldiers, and their contributions; it had no direct
control over the people; from the failure of the State government to
make the required contributions and enforce its decrees it was fast
falling into total inefficacy. We have shown that the new government,
established by the people of each State over themselves and the people
of the other States, had by its Constitution all the powers necessary
for a national government, and State governments were prohibited from
the exercise of conflicting powers; that waging war against that
government was treason, thus affirming that they, the people of each
State who established it, owed allegiance and were subjects of the
government; they, the people, also declared in the Constitution, that
the judiciary of their general government should have authority over
every case and question arising under its laws and acts; further, they
gave that judiciary and the government the power to enforce their laws
and the authority over every individual in its domain; and finally they
expressly declared the supremacy of the government and its laws over all
State laws and State constitutions.
The departments of the government established by the Constitution are
three in number: the Legislative (Congress), to make the laws and to
pass the acts for the carrying it on; the Executive (the President and
the officers under him), to administer it, to carry into effect its laws
and acts, and represent it in its dealings with other countries; and
thirdly the Judiciary, to decide upon all controversies arising under
the laws and acts of the government.
A department, however, in some instances has an authority in the others;
the President, the chief executive officer, has the right of veto, and
his principal appointments, especially those of the judiciary and
foreign ministers, are subject to the approval of the Senate.
The power of the United States Judiciary Department to pass upon the
constitutionality or validity of laws made by the Legislature, is one
unknown to the unlimited imperial power of the Parliament of Great
Britain, and has been a source of perplexity to the writers and
legislators of that country, and of question recently in the House of
Commons. The question cannot arise and never comes before the judiciary
of that government, whether a law is within the parliamentary power.
With us, however, the question often arises, and the judiciary decides
whenever question is made as to whether a law is within the powers
granted by the Constitution. In all our States the State judiciary has
the same power to decide on the constitutionality of the laws and acts
of the State government.
This system of giving the judiciary the right to define the extent of
the powers of the government has with us met with almost universal
approval.
CHAPTER III.
THE CONSTITUTIONAL CONVENTION INTENDED NATIONALITY.
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