Constitutional history -- United States -- Sources; Constitutional law -- United States
will be overruled by no reciprocal predispositions in the members. Were
it admitted, however, that the Federal government may feel an equal
disposition with the State governments to extend its power beyond the
due limits, the latter would still have the advantage in the means of
defeating such encroachments. If an act of a particular State, though
unfriendly to the national government, be generally popular in that
State and should not too grossly violate the oaths of the State
officers, it is executed immediately and, of course, by means on the
spot and depending on the State alone. The opposition of the federal
government, or the interposition of federal officers, would but inflame
the zeal of all parties on the side of the State, and the evil could
not be prevented or repaired, if at all, without the employment of
means which must always be resorted to with reluctance and difficulty.
On the other hand, should an unwarrantable measure of the federal
government be unpopular in particular States, which would seldom fail
to be the case, or even a warrantable measure be so, which may
sometimes be the case, the means of opposition to it are powerful and
at hand. The disquietude of the people; their repugnance and, perhaps,
refusal to co-operate with the officers of the Union; the frowns of the
executive magistracy of the State; the embarrassments created by
legislative devices, which would often be added on such occasions,
would oppose, in any State, difficulties not to be despised; would
form, in a large State, very serious impediments; and where the
sentiments of several adjoining States happened to be in unison, would
present obstructions which the federal government would hardly be
willing to encounter. But ambitious encroachments of the federal
government, on the authority of the State governments, would not excite
the opposition of a single State, or of a few States only. They would
be signals of general alarm. Every government would espouse the common
cause. A correspondence would be opened. Plans of resistance would be
concerted. One spirit would animate and conduct the whole. The same
combinations, in short, would result from an apprehension of the
federal, as was produced by the dread of a foreign, yoke; and unless
the projected innovations should be voluntarily renounced, the same
appeal to a trial of force would be made in the one case as was made in
the other. But what degree of madness could ever drive the federal
government to such an extremity. In the contest with Great Britain, one
part of the empire was employed against the other.
Public-domain text, read in full here on John Shaqi.
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