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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