The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To DemocracySmith, J. Allen (James Allen)
History
The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To Democracy
Smith, J. Allen (James Allen)
Constitutional history -- United States; United States -- Politics and government
This act, while expressly conferring upon the Supreme Court of the
United States the power to veto a state law, at the same time denied to
a state court the right to treat as unconstitutional a statute, treaty,
or authority exercised under the general government. The question might
properly be asked why this provision was not incorporated in the
Constitution itself. Why did not the framers of that document clearly
define the relation of the Federal to the state courts? To have included
the substance of this act in the Constitution as submitted to the
states, would have precluded the possibility of any future controversy
concerning the relation of the Federal to the state courts. From the
point of view of practical politics, however, there was one unanswerable
argument against this plan. It would have clearly indicated the
intention of the framers of the Constitution, but in doing so, it would
for that very reason have aroused opposition which it would have been
impossible to overcome. This is why the matter of defining the relation
of the Federal to the state courts was deferred until after the
Constitution had been ratified by the states. They chose the only
practicable means of accomplishing their purpose. With all branches of
the Federal government under their control, they were able to enact a
law which virtually amended the Constitution. Calhoun argues that in
passing this act Congress exceeded the powers granted to it by the
Constitution. What he fails to recognize, however, is the fact that this
measure, although at variance with the interpretation placed upon the
Constitution by the people generally, was, nevertheless, in entire
harmony with the general purpose of its framers and necessary to carry
that purpose into effect.
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