Constitutional history -- United States -- Sources; Constitutional law -- United States
But if the execution of the laws of the national government should not
require the intervention of the State legislatures, if they were to pass
into immediate operation upon the citizens themselves, the particular
governments could not interrupt their progress without an open and
violent exertion of an unconstitutional power. No omissions nor evasions
would answer the end. They would be obliged to act, and in such a manner
as would leave no doubt that they had encroached on the national rights.
An experiment of this nature would always be hazardous in the face of a
constitution in any degree competent to its own defense, and of a
people enlightened enough to distinguish between a legal exercise and
an illegal usurpation of authority. The success of it would require not
merely a factious majority in the legislature, but the concurrence of
the courts of justice and of the body of the people. If the judges were
not embarked in a conspiracy with the legislature, they would pronounce
the resolutions of such a majority to be contrary to the supreme law
of the land, unconstitutional, and void. If the people were not tainted
with the spirit of their State representatives, they, as the natural
guardians of the Constitution, would throw their weight into the
national scale and give it a decided preponderancy in the contest.
Attempts of this kind would not often be made with levity or rashness,
because they could seldom be made without danger to the authors, unless
in cases of a tyrannical exercise of the federal authority.
Public-domain text, read in full here on John Shaqi.
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