The American Quarterly Review, No. 18, June 1831 (Vol 9)Various
History
The American Quarterly Review, No. 18, June 1831 (Vol 9)
Various
Intellectual life -- Periodicals; United States -- Intellectual life -- 19th century -- Periodicals
"This leads us to inquire into the origin of this
government, and the source of its power. Whose agent is it?
Is it the creature of the state legislatures, or the
creature of the people? If the government of the United
States be the agent of the state governments, then they may
control it, provided they can agree in the manner of
controlling it; if it be the agent of the people, then the
people alone can control it, restrain it, modify, or reform
it. It is observable enough, that the doctrine for which the
honourable gentleman contends, leads him to the necessity of
maintaining, not only that this general government is the
creature of the states, but that it is the creature of each
of the states severally; so that each may assert the power,
for itself, of determining whether it acts within the limits
of its authority. It is the servant of four and twenty
masters, of different wills and different purposes, and yet
bound to obey all. This absurdity (for it seems no less)
arises from a misconception as to the origin of this
government and its true character. It is, Sir, the people's
constitution, the people's government,--made for the
people,--made by the people,--and answerable to the people.
The people of the United States have declared that this
constitution shall be the supreme law. We must either admit
the proposition, or dispute their authority. The states are,
unquestionably, sovereign, so far as their sovereignty is
not affected by this supreme law. But the state
legislatures, as political bodies, however sovereign, are
yet not sovereign over the people. So far as the people have
given power to the general government, so far the grant is
unquestionably good, and the government holds of the people,
and not of the state governments. We are all agents of the
same supreme power, the people.--The general government and
the state governments derive their authority from the same
source. Neither can, in relation to the other, be called
primary, though one is definite and restricted, and the
other general and residuary. The national government
possesses those powers which it can be shown the people have
conferred on it, and no more. All the rest belongs to the
state governments, or to the people themselves. So far as
the people have restrained state sovereignty, by the
expression of their will, in the constitution of the United
States, so far, it must be admitted, state sovereignty is
effectually controlled. I do not contend that it is, or
ought to be controlled farther. The sentiment to which I
have referred, propounds that state sovereignty is only to
be controlled by its own "feeling of justice;" that is to
say, it is not to be controlled at all; for one who is to
follow his own feelings is under no legal control.--Now,
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