Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
This, as we have said, is the principal and leading consideration which
governs the whole subject. Once admit, what the Vice-President fully
recognises, and what no man in his senses can deny, that the General
Government, call it agency or what you will, is a real Government;--that
the instrument from which it derives its power is a real _Constitution_
or _social compact_, and the argument is brought to a close; there is
not a word more to be said about the matter. The acts of the Government
are, as such, the law of the land. This results from the nature of the
case, and is also affirmed in the Constitution, which, in order to avoid
all doubt or difficulty about the point immediately in controversy in
the present instance, expressly provides that the acts of the General
Government shall be the Supreme Law of the land, _any thing in the
Constitution or laws of any State to the contrary notwithstanding_. But
to say that a citizen, or any number of citizens, can _annul_ or
_repeal_ the law of the land, is, we repeat, a manifest absurdity.
_Resist_ it they _can_, and in certain extreme cases _may_: but that
they should _annul_ or _repeal_ it, is a thing not illegal or
unconstitutional, but impossible and unimaginable. The repeal of a law
is as much an exercise of legislative power as the enactment of it, and
from its very nature cannot be performed, unless by some person or
persons invested with that power, in other words, by the Government. To
assert the contrary, is in substance to assert that the same person can
be sovereign and subject, or in a free State, in and out of office, at
one and the same time.
Public-domain text, read in full here on John Shaqi.
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