Constitutional history -- United States -- Sources; Constitutional law -- United States
A circumstance which crowns the defects of the Confederation remains yet
to be mentioned, the want of a judiciary power. Laws are a dead letter
without courts to expound and define their true meaning and operation.
The treaties of the United States, to have any force at all, must be
considered as part of the law of the land. Their true import, as far
as respects individuals, must, like all other laws, be ascertained by
judicial determinations. To produce uniformity in these determinations,
they ought to be submitted, in the last resort, to one SUPREME TRIBUNAL.
And this tribunal ought to be instituted under the same authority which
forms the treaties themselves. These ingredients are both indispensable.
If there is in each State a court of final jurisdiction, there may be
as many different final determinations on the same point as there are
courts. There are endless diversities in the opinions of men. We often
see not only different courts but the judges of the came court differing
from each other. To avoid the confusion which would unavoidably
result from the contradictory decisions of a number of independent
judicatories, all nations have found it necessary to establish one
court paramount to the rest, possessing a general superintendence, and
authorized to settle and declare in the last resort a uniform rule of
civil justice.
This is the more necessary where the frame of the government is so
compounded that the laws of the whole are in danger of being contravened
by the laws of the parts. In this case, if the particular tribunals
are invested with a right of ultimate jurisdiction, besides the
contradictions to be expected from difference of opinion, there will be
much to fear from the bias of local views and prejudices, and from the
interference of local regulations. As often as such an interference was
to happen, there would be reason to apprehend that the provisions of
the particular laws might be preferred to those of the general laws;
for nothing is more natural to men in office than to look with peculiar
deference towards that authority to which they owe their official
existence.
The treaties of the United States, under the present Constitution, are
liable to the infractions of thirteen different legislatures, and as
many different courts of final jurisdiction, acting under the authority
of those legislatures. The faith, the reputation, the peace of the
whole Union, are thus continually at the mercy of the prejudices, the
passions, and the interests of every member of which it is composed. Is
it possible that foreign nations can either respect or confide in such
a government? Is it possible that the people of America will longer
consent to trust their honor, their happiness, their safety, on so
precarious a foundation?
Public-domain text, read in full here on John Shaqi.
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