Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
Is it meant, that the Executive and Judiciary departments of the General
Government shall suspend the execution of the law within the limits of
the State in question? This again is equally impossible. The functions
of the Executive and Judiciary departments are entirely administrative.
The persons entrusted with them have no discretionary power. They are
bound by their oaths of office to execute the laws that are given to
them by the Legislature, and have no more right to augment or diminish
them by one jot or tittle, than they have to declare themselves
dictators of the country. The abandonment by the General Government of
the power to pass the act complained of by the nullifying State is
therefore a thing in itself entirely impracticable. Even the omnipotent
Parliament of England, which, according to Lord Coke, can do any thing
but convert a man into a woman, could not repeal a law which was
sustained by a majority of its members; nor could even the hereditary
executive power of England or any other constitutional monarchy suspend
for a moment the execution of a law, which is still in force. The thing
is in its nature a moral impossibility.
So much for the first part of the two-fold duty, which, according to the
Vice-President, devolves upon the General Government, in the event of
the nullification by a State of a law of the United States. But the
General Government is not only bound to abandon the disputed power, but
also to apply to the States, in the form provided for amending the
Constitution, for a grant of that power. We have seen that the first of
these supposed duties is in its nature impracticable. It is obvious to
the slightest reflection, that the other is not less so. By the General
Government the Vice-President must of course intend, in this connexion,
the Legislative department of the Government, the Executive, as such,
having nothing to do with the process of amendment. Now, independently
of the objection to which we have already adverted, viz. that the
Constitution imposes no such duty on the Legislature, it is plain that
the operation is in itself impracticable, for the same reason which
would prevent the repeal of the obnoxious act. The Legislature cannot
recommend an amendment of the Constitution, giving to itself the power
to pass such an act, for the plain reason, that by the supposition a
majority of the members believe that the Legislature already possess the
power, and that it is consequently impracticable for them to adopt, on
their official responsibility, a measure which implies that they believe
the contrary.
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