The Essentials of American Constitutional Law — John Shaqi
The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
6. The quality of supremacy involves and implies sovereignty.
Sovereignty is indefinable; is not, strictly speaking, comprehensible.
There is therefore a difference between sovereignty and government.
Sovereignty ordains and establishes a form of government. The form
varies among different peoples and at different times. The Constitution
declares that “The United States guarantees to every State in this
Union a republican form of government.”[7] This form, in America, is
the creation, that is, the creature, of the sovereign, the people. The
essential matter here is of powers and relations, and is made clear by
Chief Justice Marshall: The government of the United States proceeds
directly from the people; is ordained and established in their name
for definite purposes declared in the Preamble to the Constitution,
and the assent of the States in their sovereign capacity is implied in
calling the Convention of 1787, which framed the Constitution, and in
submitting that instrument to the people. The people were at perfect
liberty to accept or to reject it, and their act was final. It required
not the affirmance and could not be negatived by the State governments.
When thus adopted, the Constitution was of complete obligation, and
bound the State sovereignties.[8] But had not the people of America, in
1787, already surrendered all their powers to the State sovereignties
and had nothing more to give? The question whether they may resume
and modify the powers granted to their government cannot be raised in
this country. The people always possess that power and since 1787 they
have exercised it in making seventeen amendments to the Constitution.
The legitimacy of the general government might be doubted had it been
created by the States, for the States, as governments, are creations of
the people, and possess only derivative powers. “The powers delegated
to the State sovereignties were to be exercised by themselves, not by a
distinct and independent sovereignty created by themselves.” The States
were competent to form a league, such as was the Confederation of 1781,
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account