Constitutional history -- United States -- Sources; Constitutional law -- United States
But it is said that the laws of the Union are to be the SUPREME LAW of
the land. But what inference can be drawn from this, or what would they
amount to, if they were not to be supreme? It is evident they would
amount to nothing. A LAW, by the very meaning of the term, includes
supremacy. It is a rule which those to whom it is prescribed are bound
to observe. This results from every political association. If
individuals enter into a state of society, the laws of that society
must be the supreme regulator of their conduct. If a number of
political societies enter into a larger political society, the laws
which the latter may enact, pursuant to the powers intrusted to it by
its constitution, must necessarily be supreme over those societies, and
the individuals of whom they are composed. It would otherwise be a mere
treaty, dependent on the good faith of the parties, and not a
government, which is only another word for POLITICAL POWER AND
SUPREMACY. But it will not follow from this doctrine that acts of the
large society which are NOT PURSUANT to its constitutional powers, but
which are invasions of the residuary authorities of the smaller
societies, will become the supreme law of the land. These will be
merely acts of usurpation, and will deserve to be treated as such.
Hence we perceive that the clause which declares the supremacy of the
laws of the Union, like the one we have just before considered, only
declares a truth, which flows immediately and necessarily from the
institution of a federal government. It will not, I presume, have
escaped observation, that it EXPRESSLY confines this supremacy to laws
made PURSUANT TO THE CONSTITUTION; which I mention merely as an
instance of caution in the convention; since that limitation would have
been to be understood, though it had not been expressed.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account