Constitutional history -- United States -- Sources; Constitutional law -- United States
In the first place, as these constitutions invest the State legislatures
with absolute sovereignty, in all cases not excepted by the existing
articles of Confederation, all the authorities contained in the
proposed Constitution, so far as they exceed those enumerated in the
Confederation, would have been annulled, and the new Congress would have
been reduced to the same impotent condition with their predecessors.
In the next place, as the constitutions of some of the States do
not even expressly and fully recognize the existing powers of the
Confederacy, an express saving of the supremacy of the former would,
in such States, have brought into question every power contained in the
proposed Constitution.
In the third place, as the constitutions of the States differ much from
each other, it might happen that a treaty or national law, of great and
equal importance to the States, would interfere with some and not with
other constitutions, and would consequently be valid in some of the
States, at the same time that it would have no effect in others.
In fine, the world would have seen, for the first time, a system of
government founded on an inversion of the fundamental principles of all
government; it would have seen the authority of the whole society every
where subordinate to the authority of the parts; it would have seen a
monster, in which the head was under the direction of the members.
3. "The Senators and Representatives, and the members of the several
State legislatures, and all executive and judicial officers, both of
the United States and the several States, shall be bound by oath or
affirmation to support this Constitution."
It has been asked why it was thought necessary, that the State
magistracy should be bound to support the federal Constitution, and
unnecessary that a like oath should be imposed on the officers of the
United States, in favor of the State constitutions.
Several reasons might be assigned for the distinction. I content myself
with one, which is obvious and conclusive. The members of the federal
government will have no agency in carrying the State constitutions
into effect. The members and officers of the State governments, on the
contrary, will have an essential agency in giving effect to the federal
Constitution. The election of the President and Senate will depend, in
all cases, on the legislatures of the several States. And the election
of the House of Representatives will equally depend on the same
authority in the first instance; and will, probably, forever be
conducted by the officers, and according to the laws, of the States.
4. Among the provisions for giving efficacy to the federal powers might
be added those which belong to the executive and judiciary departments:
but as these are reserved for particular examination in another place, I
pass them over in this.
Public-domain text, read in full here on John Shaqi.
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