ecision would have been vested in
Congress under the Confederation, although that Confederation was a
compact between States; and for this plain reason,--that it would have
been competent to the States, who alone were parties to the compact, to
agree who should decide in cases of dispute arising on the construction
of the compact.
For the same reason, Sir, if I were now to concede to the gentleman his
principal proposition, namely, that the Constitution is a compact
between States, the question would still be, What provision is made, in
this compact, to settle points of disputed construction, or contested
power, that shall come into controversy? And this question would still
be answered, and conclusively answered, by the Constitution itself.
While the gentleman is contending against construction, he himself is
setting up the most loose and dangerous construction. The Constitution
declares, that _the laws of Congress passed in pursuance of the
Constitution shall be the supreme law of the land_. No construction is
necessary here. It declares, also, with equal plainness and precision,
_that the judicial power of the United States shall extend to every case
arising under the laws of Congress_. This needs no construction. Here is
a law, then, which is declared to be supreme; and here is a power
established, which is to interpret that law. Now, Sir, how has the
gentleman met this? Suppose the Constitution to be a compact, yet here
are its terms; and how does the gentleman get rid of them? He cannot
argue the _seal off the bond_, nor the words out of the instrument. Here
they are; what answer does he give to them? None in the world, Sir,
except, that the effect of this would be to place the States in a
condition of inferiority; and that it results from the very nature of
things, there being no superior, that the parties must be their own
judges! Thus closely and cogently does the honorable gentleman reason on
the words of the Constitution. The gentleman says, if there be such a
power of final decision in the general government, he asks for the grant
of that power. Well, Sir, I show him the grant. I turn him to the very
words. I show him that the laws of Congress are made supreme; and that
the judicial power extends, by express words, to the interpretation of
these laws. Instead of answering this, he retreats into the general
reflection, that it must result _from the nature of things_, that the
States, being parties, must ju
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