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
Can anything be more explicit that every one, everywhere, at that time
understood the Union was perpetual, than this unanimous address of the
convention of New York saying so to all the other States, and the
submissive request that they would amend the Constitution in accordance
with their wishes?
The conventions of Massachusetts, Virginia, and New York passed
resolutions recommending what they considered important necessary
amendments to the Constitution. These resolutions and the
recommendations of other States were considered in the first Congress,
and ten articles, commonly called the Bill of Rights, were passed, and
duly ratified by the legislatures of the States. These articles are
safeguards against the feared tyrannical grants that had been given, and
are all restrictive of the powers of the United States over its
citizens, not of its powers over States. They are: that the people
should have the right of petition; and “a well regulated militia being
necessary to the security of a free State, the right of the people to
keep and bear arms shall not be infringed.” This shows how deep and
serious the States believed the danger to be from the great powers of
the General Government with a standing army and navy.
Other amendments were, that no law should be passed abridging the
freedom of speech or of the press, or of trial by jury in suits at
common law where the amount involved exceeds twenty dollars; that there
should be no established religion, and matters of that kind. None of
these ten amendments give any powers to State governments. The final
clause reserves all the powers not granted, “to the _States_
respectively, or to the _people_,” not to the States and their people,
or the people of the respective States; but to the people, putting the
people as a whole.
Great stress has been laid by Calhoun and his followers on this clause,
as giving power to the States. As the United States Government’s
sovereignty is undoubtedly limited to the express grants of the
Constitution, the powers not granted are in the States or people. There
was no need of any reservation, except to allay the fears of those who
erroneously believed that the Constitution gave unlimited power to the
Union.
We have seen that in the discussions in the constitutional conventions
it was denied that any separate State ever had or exercised sovereign
powers. Judge Story, whose authority is as great as that of any legal
writer, in his commentaries on the Constitution maintains this doctrine.
Many of our earlier historians concur in this.
Public-domain text, read in full here on John Shaqi.
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