Constitutional history -- United States -- Sources; Constitutional law -- United States
this part of the Constitution, and exercise powers not warranted by its
true meaning, I answer, the same as if they should misconstrue or
enlarge any other power vested in them; as if the general power had
been reduced to particulars, and any one of these were to be violated;
the same, in short, as if the State legislatures should violate the
irrespective constitutional authorities. In the first instance, the
success of the usurpation will depend on the executive and judiciary
departments, which are to expound and give effect to the legislative
acts; and in the last resort a remedy must be obtained from the people
who can, by the election of more faithful representatives, annul the
acts of the usurpers. The truth is, that this ultimate redress may be
more confided in against unconstitutional acts of the federal than of
the State legislatures, for this plain reason, that as every such act
of the former will be an invasion of the rights of the latter, these
will be ever ready to mark the innovation, to sound the alarm to the
people, and to exert their local influence in effecting a change of
federal representatives. There being no such intermediate body between
the State legislatures and the people interested in watching the
conduct of the former, violations of the State constitutions are more
likely to remain unnoticed and unredressed. 2. “This Constitution and
the laws of the United States which shall be made in pursuance thereof,
and all treaties made, or which shall be made, under the authority of
the United States, shall be the supreme law of the land, and the judges
in every State shall be bound thereby, any thing in the constitution or
laws of any State to the contrary notwithstanding. “The indiscreet zeal
of the adversaries to the Constitution has betrayed them into an attack
on this part of it also, without which it would have been evidently and
radically defective. To be fully sensible of this, we need only suppose
for a moment that the supremacy of the State constitutions had been
left complete by a saving clause in their favor. In the first place, as
these constitutions invest the State legislatures with absolute
sovereignty, in all cases not excepted by the existing articles of
Confederation, all the authorities contained in the proposed
Constitution, so far as they exceed those enumerated in the
Confederation, would have been annulled, and the new Congress would
have been reduced to the same impotent condition with their
predecessors. In the next place, as the constitutions of some of the
States do not even expressly and fully recognize the existing powers of
the Confederacy, an express saving of the supremacy of the former
would, in such States, have brought into question every power contained
in the proposed Constitution. In the third place, as the constitutions
of the States differ much from each other, it might happen that a
treaty or national law, of great and equal importance to the States,
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