The American Quarterly Review, No. 18, June 1831 (Vol 9)Various
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The American Quarterly Review, No. 18, June 1831 (Vol 9)
Various
Intellectual life -- Periodicals; United States -- Intellectual life -- 19th century -- Periodicals
to a unanimity, within seven voices; Pennsylvania, not to be
outdone in this respect more than others, reduces her
dissentient fraction to a single vote. Now, Sir, again, I
ask the gentleman, what is to be done? Are these states both
right? Is he bound to consider them both right? If not,
which is in the wrong?--or rather, which has the best right
to decide? And if he, and if I, are not to know what the
constitution means, and what it is, till those two state
legislatures, and the twenty-two others, shall agree in its
construction, what have we sworn to, when we have sworn to
maintain it? I was forcibly struck, Sir, with one
reflection, as the gentleman went on in his speech. He
quoted Mr. Madison's resolutions, to prove that a state may
interfere, in a case of deliberate, palpable, and dangerous
exercise of a power not granted. The honourable member
supposes the tariff law to be such an exercise of power; and
that, consequently, a case has arisen in which the state
may, if it see fit, interfere by its own law. Now, it so
happens, nevertheless, that Mr. Madison deems this same
tariff law quite constitutional. Instead of a clear and
palpable violation, it is, in his judgment, no violation at
all. So that, while they use his authority for a
hypothetical case, they reject it in the very case before
them. All this, Sir, shows the inherent--futility--I had
almost used a stronger word--of conceding this power of
interference to the states, and then attempting to secure it
from abuse by imposing qualifications, of which the states
themselves are to judge. One of two things is true; either
the laws of the Union are beyond the discretion, and beyond
the control of the states; or else we have no constitution
of general government, and are thrust back again to the days
of the confederacy." pp. 416, 417.
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