Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
possibly be used.--_Any thing in the laws of any State to the contrary
notwithstanding._--No State, in the exercise of its ordinary law-making
power, shall have a right to annul or arrest the execution of this
Constitution, or the laws made in pursuance thereof by the United
States. _Any thing in the Constitution of any State to the contrary
notwithstanding._--No State, in the exercise of her sovereign or
constitution-making power; no State, acting in her sovereign capacity,
shall have a right to annul or arrest the execution of this
Constitution, or the laws made in pursuance thereof by the United
States. Any act that may be done for this purpose is to be, _ipso
facto_, null and void. _The judges shall not be bound by it._ Will the
Vice-President or any person of plain common sense undertake to say,
that this is not a correct paraphrase of the negative clause in the
Constitution? If it be admitted that it is, will the Vice-President or
any man of plain common sense undertake to say, that if the framers of
the Constitution had employed the language of this paraphrase instead of
the concise equivalent phrase which they used, there could be any doubt
respecting the character of the present proceedings in Carolina? There
is, in fact, no doubt about it.
It is painful to see a person so distinguished for talent, and, as we
have hitherto been willing to believe, for uprightness of purpose, as
Mr. Calhoun is, attempting to escape by a side path from the plain and
obvious meaning of this clause, which he shrinks from meeting in the
face. He alludes to several propositions that had previously been
submitted to the Convention which framed the Constitution, for the
purpose of making the acts of the General Government paramount to those
of the States; and because these were rejected, he concludes, that the
one which was adopted is not to be carried into effect according to its
plain and natural sense. Is this fair argument? Is it even plausible? It
is impossible, within the narrow compass of an article, to go fully
into every part of this vast subject; but any one, who will take the
trouble to examine the proceedings of the Convention, will readily see
why they rejected the first propositions, and why they adopted the last.
As the States retain a very considerable portion of the legislative
power, and remain, for many purposes, distinct communities, it was
thought important that, in regard to the exercise of the powers so
retained, they should not be under the formal control of the General
Government:--in other words, that so far as they were sovereign, they
should not be subject. Hence the rejection of the proposal of General
Hamilton to give the President a negative on all State laws; and hence
subsequently the amendment of the Constitution, by which it was ordained
that no State should be sued at law. This was all perfectly proper: but
it was also essential that the paramount authority of the acts of the
Public-domain text, read in full here on John Shaqi.
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