Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
This qualification, which has sometimes, we believe, been regarded as
very significant, has therefore no bearing on the point in question, nor
is it, as Mr. Calhoun imagines, by the clause conferring on the Supreme
Court the power of deciding in all cases arising under the Constitution,
that the States are supposed to be deprived of their right of putting
their own construction upon the powers of the General Government. The
right of deciding on the constitutionality of the laws of the United
States, belongs, from the nature of the case, to the courts, and is
expressly given to the Supreme Court by the Constitution; but the
possession of this right by the courts does not carry with it that of
deciding, that an act of the General Government is of paramount
authority to one of a State. On this subject, we are quite surprised at
the looseness of the Vice-President's reasoning, and its apparent
inconsistency with the general scope of his doctrine. 'Where there are
two sets of rules,' he remarks, 'prescribed in reference to the same
subject, _one by a higher and the other by an inferior authority_, the
judicial tribunal called on to decide the case, must unavoidably
determine, should they conflict, which is the law; and that necessarily
compels it to decide that the rule prescribed by the _inferior power_,
if, in its opinion, inconsistent with that of the higher, is
void.'--This doctrine is strange indeed in the mouth of the Prince of
nullifiers and great champion of State Sovereignty. Where, we would ask,
has the Vice-President learned that the State Governments are inferior
and the General Government a superior power?--We must inform him, that
without being nullifiers, and without believing in the doctrine of State
Sovereignty, we make no such admission for Massachusetts. The State and
General Governments, each of which exercises, independently of the
other, a portion of the sovereign or legislative power of the people,
are neither superior nor inferior to each other: they are precisely on a
level. The right of deciding on the constitutionality of the acts of the
General Government would no more of itself authorize the judges to
decide that they are paramount to those of the States, than it would
authorize them to decide that the acts of the States are paramount to
those of the General Government. The two Governments, considered as
distinct legislative powers, are on a footing of perfect equality. The
question, which shall prevail when their acts come into collision, must
be decided by the nature of the case, and by the specific provisions of
the Constitution. It follows, from the nature of the case, that the acts
of the General Government, which represents the body politic of which
all the States are members, must have an authority paramount to any
other existing in the community; and this conclusion is confirmed by the
letter of the Constitution, which expressly declares, in so many words,
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