Select Speeches of Daniel Webster, 1817-1845Webster, Daniel
General
Select Speeches of Daniel Webster, 1817-1845
Webster, Daniel
Speeches, addresses, etc., American
We all know that civil institutions are established for the public
benefit, and that when they cease to answer the ends of their existence
they may be changed. But I do not understand the doctrine now contended
for to be that, which, for the sake of distinction, we may call the
right of revolution. I understand the gentleman to maintain, that it is
constitutional to interrupt the administration of the Constitution
itself, in the hands of those who are chosen and sworn to administer
it, by the direct interference, in form of law, of the States, in
virtue of their sovereign capacity. The inherent right in the people to
reform their government I do not deny; and they have another right, and
that is, to resist unconstitutional laws, without overturning the
government. It is no doctrine of mine that unconstitutional laws bind
the people. The great question is, Whose prerogative is it to decide on
the constitutionality or unconstitutionality of the laws? On that, the
main debate hinges. The proposition, that, in case of a supposed
violation of the Constitution by Congress, the States have a
constitutional right to interfere and annul the law of Congress, is the
proposition of the gentleman. I do not admit it. If the gentleman had
intended no more than to assert the right of revolution for justifiable
cause, he would have said only what all agree to. But I cannot conceive
that there can be a middle course, between submission to the laws, when
regularly pronounced constitutional, on the one hand, and open
resistance, which is revolution or rebellion, on the other.
Public-domain text, read in full here on John Shaqi.
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