Constitutional history -- United States -- Sources; Constitutional law -- United States
But if the execution of the laws of the national government should not
require the intervention of the State legislatures, if they were to
pass into immediate operation upon the citizens themselves, the
particular governments could not interrupt their progress without an
open and violent exertion of an unconstitutional power. No omissions
nor evasions would answer the end. They would be obliged to act, and in
such a manner as would leave no doubt that they had encroached on the
national rights. An experiment of this nature would always be hazardous
in the face of a constitution in any degree competent to its own
defense, and of a people enlightened enough to distinguish between a
legal exercise and an illegal usurpation of authority. The success of
it would require not merely a factious majority in the legislature, but
the concurrence of the courts of justice and of the body of the people.
If the judges were not embarked in a conspiracy with the legislature,
they would pronounce the resolutions of such a majority to be contrary
to the supreme law of the land, unconstitutional, and void. If the
people were not tainted with the spirit of their State representatives,
they, as the natural guardians of the Constitution, would throw their
weight into the national scale and give it a decided preponderancy in
the contest. Attempts of this kind would not often be made with levity
or rashness, because they could seldom be made without danger to the
authors, unless in cases of a tyrannical exercise of the federal
authority.
Public-domain text, read in full here on John Shaqi.
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