Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
In alluding to this decisive clause in the Constitution, the
Vice-President omits entirely the negative part of it, and quotes it in
the following form:--_This Constitution and the laws made in pursuance
thereof shall be the supreme law of the land._ He then adds that he
shall not go into a minute examination of its effect, the subject having
been already so frequently and so ably investigated, that he deems it
unnecessary. This might have been a good reason for not discussing it at
all; but if it was expedient to discuss it at all, it seems hardly
proper that the most material point in the argument should be passed
over in silence. The omission looks very much like conscious weakness.
For ourselves, we have met with no suggestion, whether made on this or
any former occasion, which, according to our views, has thrown even the
shadow of a doubt upon the meaning of the passage. The pretext for a
question would probably be sought in the qualification, _made in
pursuance of the Constitution_. It may be said that, under this
qualification, laws not made in pursuance of the Constitution are not
paramount to those of the States. But this phrase has obviously no
bearing on the point in question. The meaning is, that the Constitution
and the laws of the United States, made _in the manner prescribed by
it_, or _for the purpose of carrying it into effect_, shall be the
paramount law of the land, just as in the other part of the phrase it is
said, that treaties made _under the authority of the United States_
shall also form a part of this paramount law. In both cases, there is no
reference to the question, whether the law or the treaty has been made
in a rightful or wrongful exercise of the legislative or treaty-making
power. It is merely affirmed that the acts of the General Government,
performed in the exercise of their powers under the Constitution, are
paramount to those of the States. The same language is used in the
Ordinance of Nullification, which declares that 'this Ordinance and the
laws _made in pursuance thereof_ by the legislative power of the State,
shall be binding on the citizens.' It is obviously not intended, that
the citizen shall judge for himself whether the laws so made are or are
not agreeable to the tenor of the Ordinance, but merely that the laws
which the assembly,--acting under this Ordinance or in consequence of
the recommendation contained in this Ordinance,--may pass, shall be
obligatory.
Public-domain text, read in full here on John Shaqi.
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