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
In the second clause comes the objectionable clause, that the government
created is not the exclusive or final judge of the extent of the powers
delegated to it.
We have already set forth that in this Constitution, or compact, which
is declared, by those who made it, supreme over all constitutions and
laws of every State, that all cases arising under the Constitution or
laws of the United States shall be tried by its judiciary.[66] Here is a
compact by the people of the several States, that when any questions or
cases arise the United States Judiciary shall have jurisdiction and
decide upon them. The parties to this compact have thus expressly made
that judiciary the final judge of the validity of the laws, and
therefore necessarily of the extent of power delegated to the
government. It cannot be denied that even independent sovereign nations
can establish a tribunal over themselves by arbitration or compact that
shall be conclusive. How then can the supremacy of the judiciary of the
United States be questioned by a State, whose people have deliberately
declared the United States Judiciary supreme over the State
constitution and laws, and that it has supreme judicial authority over
all cases arising under its Constitution and laws.
[66] Article III., Sec. 1, of the Constitution.
We must bear in mind that our Constitution and Government would have
been an absurdity and a failure, if every State, as an independent
authority, could question the validity of a United States law or the act
of any of its legal or administrative officers; four and forty different
State judiciaries to decide on what law was valid in each independent
sovereign State or Nation. As Webster and Chief-Justice Marshall said,
and Calhoun admitted, on every constitutional question this theory of
nullification gave as many vetoes as there are States.
Admitting, however, for the argument, that the States are independent
sovereign nations, this nullification doctrine of the Kentucky
resolutions is very faulty. It asserts the right of those who deny the
binding obligation of the compact, to break it; it entirely ignores the
right of the other parties, even when of the majority, who hold to a
different construction, to enforce their view. In all compacts or
agreements between nations there is the right of the independent
sovereign nations, and emphatically when of the majority, to make
another independent nation perform the compact it has made. The majority
is not obliged to yield to the minority. The _ultima ratio_, the final
reasoning of nations is war, and the majority certainly have that
right.
Public-domain text, read in full here on John Shaqi.
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