Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
It is only necessary to consider for a moment how the plan would work in
detail, in order to be convinced that it is utterly impracticable. It
becomes the duty of the General Government, by which we will suppose the
Vice-President to mean the Legislature, to apply to the States for a
grant of the disputed power. But what is the Legislature? The
Legislature is a complex being, composed of the President and two
elective assemblies, comprehending two hundred and eighty-five persons.
It is the duty, it seems, of these two hundred and eighty-five persons,
in their political capacity, to apply to the States for a grant of new
powers. But who is to move? What is the business of every body is the
business of nobody. Shall it be the President? The Constitution makes it
the duty of the President to recommend from time to time to the
consideration of Congress such measures, as he shall judge necessary and
expedient. But the President, by the supposition, believes that the
General Government already possess the power in question. It is
impossible, therefore, that he should recommend to Congress to propose
an amendment conferring this power. For the same reason, the proposition
cannot be made in Congress by a member of the majority of either House.
The duty, such as it is, of making the proposition, might no doubt be
performed by some member of the minority of one of the two branches. But
how are the majority to vote for a proposition which they do not
approve? How is the President to approve a law which he does not
approve? Individuals occasionally support or oppose measures for
particular reasons, which have no reference to their own opinion upon
their merits; but in arguing on general principles, it must of course be
assumed that the members of the Government can only act on principle.
The operation supposed is therefore in its nature essentially
impracticable.
Public-domain text, read in full here on John Shaqi.
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