The Continental Monthly, Vol. 1, No. 5, May, 1862: Devoted To Literature And National PolicyVarious
History
The Continental Monthly, Vol. 1, No. 5, May, 1862: Devoted To Literature And National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
The greatest of all rights that an independent state can or may have, is
the right to adopt its own form of government; but this clause
completely destroys such right on the part of any State of this Union to
frame its own form of government. No State, for example, can have a
monarchical government; since the United States are to guarantee a
_republican_ form: and no State can adopt an hereditary or theocratic
government, because the UNITED STATES are bound to give each State a
republican government. In like manner we might run through all the forms
of government that have ever blessed or cursed our race, without finding
one which can he adopted by any State of this Union, except the single
form of 'republican,' named in the Constitution. But can a State bereft
of the right to frame its own mode of government be said to be possessed
of '_sovereign_' 'State rights,' or could a more effectual provision
against their development have been formed than this?
'This Constitution, and the laws of the United States which shall
be made in pursuance thereof, and all treaties made, or which
shall be made, under the authority of the United States, shall be
the supreme law of the land; and the Judges in every State shall
be bound thereby; any thing in the Constitution or laws of any
State to the contrary notwithstanding.
'The Senators and Representatives before mentioned, and the
members of the several STATE LEGISLATURES, and all executive and
judicial officers, both of the United States and of the SEVERAL
STATES, shall be bound by oath or affirmation to support this
Constitution.'
This Constitution, these laws, these treaties, _shall be the supreme
law_, no matter what 'State' constitutions and 'State' laws may declare.
'Shall!' is the word, and there can be no doubt as to its meaning.
Again, members of the State Legislatures, and all officers of the
several States 'shall' be bound to support the 'Constitution.' Where are
the 'State rights' in these clauses? Every State and every State
official is made subordinate to and an executive of the acts of the
'United States,' and the United States constitutes a '_nation_'. That is
the only word which meets our case. WE ARE A NATION, not 'a
tenant-at-will sort of confederacy.'
Public-domain text, read in full here on John Shaqi.
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