Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
General Government should be secured, and the object was attained by the
proposition finally adopted, which declares distinctly, both in a
positive and negative form, that such is the understanding of the
Convention, and leaves it to _the Courts of Justice_ to enforce the
provision. This plan is just as effectual as the other would have been,
because the decisions of the courts may and must be sustained, if the
occasion require it, by the whole military force of the country; while
at the same time it removes the possibility of any actual collision
between the two law-giving powers, in the regular performance of their
functions. Each exercises a complete and uncontrolled discretion as to
the objects and extent of its own legislation;--puts its own
construction upon its own powers;--passes, in short, any laws which it
deems constitutional and expedient. Neither, in this form of action, has
any control over the proceedings of the other.--The General Government
has no more right to annul an act of the State of South Carolina, than
the State of South Carolina has to annul an act of the General
Government. But when the proceedings of the two powers come into
collision,--as it may well be supposed that, under such circumstances,
they occasionally will,--the silent operation of the Courts of Justice
gives the ascendancy, where the Constitution declares that it belongs,
to those of the General Government. The provision, like most others in
the Constitution, is obviously the simplest and best that could have
been adopted. The rejection of other propositions of similar tendency
only proves that the Convention considered the subject very maturely,
and successively laid aside the several imperfect and inexpedient
methods of effecting the great object in question, which were proposed
to them, until they finally hit upon one that was satisfactory.
Public-domain text, read in full here on John Shaqi.
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