Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
mere purpose of denouncing himself as a usurper of power, not granted by
his commission? Is there not a wanton and almost ludicrous absurdity in
the very idea of such a proceeding? And independently of all this, how
ungraceful in the General Government to apply for an augmentation of its
own powers, and this too at the very moment when it is accused of
exceeding them! Is it not apparent, that such an application would come
with infinitely greater propriety from any other quarter? We can hardly
believe that, on cool reflection, the Vice-President himself would
sanction with his final judgment a theory pregnant with so many and such
various incongruities.
It would therefore be the duty of the discontented State, instead of
proceeding to _nullify_ and throwing upon the General Government the
responsibility of bringing the subject before the other States, to
_begin_ by addressing herself directly to the other States in the way of
consultation. But in what form is this to be done? The Vice-President
tells us, that the subject must be brought before the States 'in the
only form in which according to the Constitution it can be, by a
proposition to amend in the manner prescribed by that instrument.' But
how does it appear, that this is the only or the proper form in which
the business can be done? The object is to _ascertain the meaning_ of
the Constitution. Why resort for this purpose to a process intended for
a totally different one, and, as we have seen, wholly unsuitable and
ineffectual for this? Suppose that all the insuperable preliminary
objections to which we have adverted are overcome;--that the General
Government has applied for a grant of the disputed power, and that the
States, as the Vice-President would of course desire, have refused the
application;--how would the case then stand? Precisely as it does now.
The question would still be, what is the meaning of the Constitution as
it is? And after all that had taken place, it would still be just as far
from a solution as before. Instead of resorting to a process intended
for another purpose, and wholly ineffectual for this, why not employ the
one which the Constitution provided and organized for this special
object? 'The judicial power,' says the Constitution, 'shall extend to
all cases in law and equity arising under this Constitution, the laws of
the United States and the treaties made or which shall be made under
their authority.' Why not submit the question at once to the Supreme
Court? This is the method by which the States, when they established the
Constitution, intended that all questions respecting the construction
of it should be decided. Nor does a resort to this method involve, as
some suppose, the inconvenience of making the General Government the
judge of its own powers. The Judiciary department, though nominally a
branch of the General Government, is, and was for this express purpose
meant and made to be, wholly independent of the other branches of that
Government.
Public-domain text, read in full here on John Shaqi.
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