The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
M^r Gerry gave notice that he w^d tomorrow move for a reconsideration of
the mode of appointing the Nat^l Executive in order to substitute an
appointm^t by the State Executives.
The Committee rose & The House adj^d.
FRIDAY JUNE 8^{TH} IN COMMITTEE OF THE WHOLE.
On a reconsideration of the clause giving the Nat^l Legislature a
negative on such laws of the States as might be contrary to the articles
of Union, or Treaties with foreign nations,
M^r Pinkney moved "that the National Legislature sh^d have authority to
negative all laws which they sh^d judge to be improper." He urged that
such a universality of the power was indispensably necessary to render
it effectual; that the States must be kept in due subordination to the
nation; that if the States were left to act of themselves in any case,
it w^d be impossible to defend the national prerogatives, however
extensive they might be on paper; that the acts of Congress had been
defeated by this means; nor had foreign treaties escaped repeated
violations: that this universal negative was in fact the corner stone of
an efficient national Gov^t; that under the British Gov^t the negative
of the Crown had been found beneficial, and the _States_ are more one
nation now, than the _Colonies_ were then.
M^r Madison seconded the motion. He could not but regard an indefinite
power to negative legislative acts of the States as absolutely
necessary to a perfect System. Experience had evinced a constant
tendency in the States to encroach on the federal authority; to violate
national Treaties; to infringe the rights & interests of each other; to
oppress the weaker party within their respective jurisdictions. A
negative was the mildest expedient that could be devised for preventing
these mischiefs. The existence of such a check would prevent attempts to
commit them. Should no such precaution be engrafted, the only remedy w^d
lie in an appeal to coercion. Was such a remedy eligible? was it
practicable? Could the national resources, if exerted to the utmost
enforce a national decree ag^{st} Mass^{ts} abetted perhaps by several
of her neighbours? It w^d not be possible. A small proportion of the
Community, in a compact situation acting on the defensive, and at
one of its extremities, might at any time bid defiance to the National
authority. Any Gov^t for the U. States formed on the supposed
practicability of using force ag^{st} the unconstitutional proceedings
of the States, w^d prove as visionary & fallacious as the Gov^t of
Cong^s. The negative w^d render the use of force unnecessary. The States
c^d of themselves pass no operative act, any more than one branch of a
Legislature where there are two branches, can proceed without the other.
But in order to give the negative this efficacy, it must extend to all
cases. A discrimination w^d only be a fresh source of contention between
the two authorities. In a word, to recur to the illustrations borrowed
from the planetary system.
Public-domain text, read in full here on John Shaqi.
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