Constitutional history -- United States -- Sources; Constitutional law -- United States
have pursued; much less, that its views will be as confined as those of
the State legislatures; but only that it will partake sufficiently
of the spirit of both, to be disinclined to invade the rights of the
individual States, or the prerogatives of their governments. The motives
on the part of the State governments, to augment their prerogatives
by defalcations from the federal government, will be overruled by no
reciprocal predispositions in the members.
Were it admitted, however, that the Federal government may feel an equal
disposition with the State governments to extend its power beyond the
due limits, the latter would still have the advantage in the means of
defeating such encroachments. If an act of a particular State, though
unfriendly to the national government, be generally popular in that
State and should not too grossly violate the oaths of the State
officers, it is executed immediately and, of course, by means on the
spot and depending on the State alone. The opposition of the federal
government, or the interposition of federal officers, would but inflame
the zeal of all parties on the side of the State, and the evil could
not be prevented or repaired, if at all, without the employment of means
which must always be resorted to with reluctance and difficulty. On the
other hand, should an unwarrantable measure of the federal government be
unpopular in particular States, which would seldom fail to be the case,
or even a warrantable measure be so, which may sometimes be the case,
the means of opposition to it are powerful and at hand. The disquietude
of the people; their repugnance and, perhaps, refusal to co-operate with
the officers of the Union; the frowns of the executive magistracy of the
State; the embarrassments created by legislative devices, which
would often be added on such occasions, would oppose, in any State,
difficulties not to be despised; would form, in a large State, very
serious impediments; and where the sentiments of several adjoining
States happened to be in unison, would present obstructions which the
federal government would hardly be willing to encounter.
Public-domain text, read in full here on John Shaqi.
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