Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
The right claimed for the States of annulling the Constitution and laws
of the United States, must, says the Vice-President, belong to them,
unless they have expressly surrendered or transferred it. We have
already seen, that no member of a body politic, whether composed of
States or individuals, does or can possess a right to annul or repeal
the law; and that the contrary proposition involves a contradiction in
terms. Were the Constitution wholly silent on the subject, the mere fact
that they had formed themselves, by a solemn social compact, into one
great people, subject to a common Government, though retaining, as
distinct communities, no inconsiderable share of the legislative
power,--this fact alone, we say, would have carried with it a peremptory
obligation upon the States to obey the law as construed by the courts of
justice, excepting in the extreme cases that justify resistance. It
would, however, be natural enough for independent States, in forming a
compact of this description, to introduce an expression of this
obligation; and it may be a matter of curiosity to consider for a moment
what language could have been used, in order to express the idea in the
most direct and unequivocal manner. To one who was seeking for such an
expression, some such phrase as the following would probably occur. _No
State shall have a right, either in the exercise of the sovereign
(constitution-making) or the ordinary legislative (law-making) power, to
annul or arrest the execution of this Constitution, or any law made in
pursuance of it by the General Government._ This, we say, or something
like it would probably be the language, which would occur to any one who
was seeking for the most direct and unequivocal expression of the idea,
that the States have no right to set up their authority against that of
the General Government. Now the language of the Constitution on this
subject is still more decisive, because it expresses the same ideas
conveyed by that here supposed in two forms, the one positive and the
other negative. _This Constitution, and the laws of the United States
which shall be made in pursuance thereof, and all treaties made or which
shall be made under the authority of the United States, shall be the
supreme law of the land._ This positive declaration carries with it, as
we have said, by implication, the full import of the negative one which
we have supposed above: but in order to make assurance _doubly_ sure,
the framers of the Constitution added a negative declaration, which,
though more concise than the one we have supposed, is of precisely the
same meaning; _and the judges in every State shall be bound thereby, any
thing in the Constitution or laws of any State to the contrary
notwithstanding_. This declaration, we repeat, though more concise, is
equivalent in meaning to the more extended expression of the same idea,
which we have imagined as the most direct and unequivocal that could
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