Constitutional history -- United States -- Sources; Constitutional law -- United States
The plan reported by the convention, by extending the authority of the
federal head to the individual citizens of the several States, will
enable the government to employ the ordinary magistracy of each, in the
execution of its laws. It is easy to perceive that this will tend to
destroy, in the common apprehension, all distinction between the sources
from which they might proceed; and will give the federal government the
same advantage for securing a due obedience to its authority which is
enjoyed by the government of each State, in addition to the influence on
public opinion which will result from the important consideration of its
having power to call to its assistance and support the resources of the
whole Union. It merits particular attention in this place, that the laws
of the Confederacy, as to the ENUMERATED and LEGITIMATE objects of its
jurisdiction, will become the SUPREME LAW of the land; to the observance
of which all officers, legislative, executive, and judicial, in each
State, will be bound by the sanctity of an oath. Thus the legislatures,
courts, and magistrates, of the respective members, will be incorporated
into the operations of the national government AS FAR AS ITS JUST AND
CONSTITUTIONAL AUTHORITY EXTENDS; and will be rendered auxiliary to
the enforcement of its laws.(1) Any man who will pursue, by his own
reflections, the consequences of this situation, will perceive that
there is good ground to calculate upon a regular and peaceable execution
of the laws of the Union, if its powers are administered with a common
share of prudence. If we will arbitrarily suppose the contrary, we
may deduce any inferences we please from the supposition; for it is
certainly possible, by an injudicious exercise of the authorities of the
best government that ever was, or ever can be instituted, to provoke
and precipitate the people into the wildest excesses. But though
the adversaries of the proposed Constitution should presume that the
national rulers would be insensible to the motives of public good, or
to the obligations of duty, I would still ask them how the interests
of ambition, or the views of encroachment, can be promoted by such a
conduct?
PUBLIUS
1. The sophistry which has been employed to show that this will tend
to the destruction of the State governments, will, in its will, in its
proper place, be fully detected.
FEDERALIST No. 28
The Same Subject Continued (The Idea of Restraining the Legislative
Authority in Regard to the Common Defense Considered)
For the Independent Journal. Wednesday, December 26, 1787
HAMILTON
To the People of the State of New York:
Public-domain text, read in full here on John Shaqi.
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