Constitutional history -- United States -- Sources; Constitutional law -- United States
A protection against invasion is due from every society to the parts
composing it. The latitude of the expression here used seems to secure
each State, not only against foreign hostility, but against ambitious
or vindictive enterprises of its more powerful neighbors. The history,
both of ancient and modern confederacies, proves that the weaker
members of the union ought not to be insensible to the policy of this
article. Protection against domestic violence is added with equal
propriety. It has been remarked, that even among the Swiss cantons,
which, properly speaking, are not under one government, provision is
made for this object; and the history of that league informs us that
mutual aid is frequently claimed and afforded; and as well by the most
democratic, as the other cantons. A recent and well-known event among
ourselves has warned us to be prepared for emergencies of a like
nature. At first view, it might seem not to square with the republican
theory, to suppose, either that a majority have not the right, or that
a minority will have the force, to subvert a government; and
consequently, that the federal interposition can never be required, but
when it would be improper. But theoretic reasoning, in this as in most
other cases, must be qualified by the lessons of practice. Why may not
illicit combinations, for purposes of violence, be formed as well by a
majority of a State, especially a small State as by a majority of a
county, or a district of the same State; and if the authority of the
State ought, in the latter case, to protect the local magistracy, ought
not the federal authority, in the former, to support the State
authority? Besides, there are certain parts of the State constitutions
which are so interwoven with the federal Constitution, that a violent
blow cannot be given to the one without communicating the wound to the
other.
Public-domain text, read in full here on John Shaqi.
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