Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
carried, would have the effect of augmenting their powers; but it is
equally certain that the clause, which provides a form for amending the
Constitution, does not make it the duty of the General Government to
recommend an amendment of this description in the case supposed by the
Vice-President, or in any other. In this as in all its other parts, the
Constitution is entirely silent upon the important duties which are
supposed by the Vice-President to devolve upon the General Government,
in consequence of the exercise by a State of its supposed right to annul
an act of that Government. Are these duties to be imposed, and the
rights and powers necessary to their execution conferred upon the
General Government, by mere construction? Is it not a little singular,
that the advocates of this very liberal construction are precisely the
persons who are most decidedly opposed to all constructive powers, and
whose principal object in all their present proceedings is to reduce, if
necessary by main force, the constructive powers of the General
Government to the narrowest possible compass?
The Constitution, we repeat, is totally silent in regard to the powers
attributed by the theory of nullification to the States and to the
General Government. This fact might, perhaps, fairly be considered as of
itself a sufficient and decisive objection to the whole system. Let us
next inquire, how far these powers are in themselves susceptible of
being exercised. If it shall appear that the duties which, according to
this system, devolve respectively upon the States and the General
Government are not only not prescribed in the Constitution, but are also
physically and morally impracticable, there will arise a pretty strong
presumption that it could not have been the intention of the framers of
the Constitution that any such acts should be performed.
Public-domain text, read in full here on John Shaqi.
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