The thoughtful reader of the Constitution must have been impressed by
the new features which caught his eye. In place of the old inefficient
and powerless Congress, he observed a well-organized national
legislature, an independent executive, and a federal judiciary of ample
jurisdiction. Further scrutiny must have apprised him that the new
Government would operate directly upon individuals, thus remedying a
vital defect in the Confederation. The powers given to Congress may well
have set at rest the minds of anxious public creditors. With the power
to lay and collect taxes, to raise and support a military and naval
establishment, and to regulate commerce, Congress had ample means to pay
the public debt, to enforce its claims, and to offer protection to trade
and industry. Not less significant to property-owners were the brief
clauses in the new Constitution which sharply forbade States to emit
bills of credit, to make anything but gold and silver legal tender in
payment of debts, and to make laws impairing the obligation of
contracts.
[Map: Distribution of Votes in Ratification of the Constitution
The New England States (Based on the map of Dr. O. G. Libby)]
But what guaranty was there that States would observe these
prohibitions? The power to coerce a State was nowhere conferred. The
militia, to be sure, could be called out to execute the laws; and the
United States guaranteed to every State a republican form of government
and promised protection against domestic violence. Congress could deal
surely and effectively with any future Shays if it were invited to do
so. But what if a State passed a law violating the obligation of
contracts? The answer is contained in the clause which reads: "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."
This and the correlative clause which extended the judicial power to all
cases arising under the Constitution, the laws and the treaties of the
United States, may be called the keystone of the whole constitutional
structure. "For the first time in history, courts are called upon by the
simple processes of administering justice, in cases where private right
or personal injury is involved, to uphold the structure of the body
politic." And there were those in the convention who believed that the
principle of judicial control included the power of passing upon the
constitutionality of laws enacted by Congress.
Public-domain text, read in full here on John Shaqi.
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