of it, and
treaties; and that, in cases not capable of assuming the character of a
suit in law or equity, Congress must judge of, and finally interpret,
this supreme law so often as it has occasion to pass acts of
legislation; and in cases capable of assuming, and actually assuming,
the character of a suit, the Supreme Court of the United States is the
final interpreter.
4. That an attempt by a State to abrogate, annul, or nullify an act of
Congress, or to arrest its operation within her limits, on the ground
that, in her opinion, such law is unconstitutional, is a direct
usurpation on the just powers of the general government, and on the
equal rights of other States; a plain violation of the Constitution, and
a proceeding essentially revolutionary in its character and tendency.
Whether the Constitution be a compact between States in their sovereign
capacities, is a question which must be mainly argued from what is
contained in the instrument itself. We all agree that it is an
instrument which has been in some way clothed with power. We all admit
that it speaks with authority. The first question then is, What does it
say of itself? What does it purport to be? Does it style itself a
league, confederacy, or compact between sovereign States? It is to be
remembered, Sir, that the Constitution began to speak only after its
adoption. Until it was ratified by nine States, it was but a proposal,
the mere draught of an instrument. It was like a deed drawn, but not
executed. The Convention had framed it; sent it to Congress, then
sitting under the Confederation; Congress had transmitted it to the
State legislatures; and by these last it was laid before conventions of
the people in the several States. All this while it was inoperative
paper. It had received no stamp of authority, no sanction; it spoke no
language. But when ratified by the people in their respective
conventions, then it had a voice, and spoke authentically. Every word in
it had then received the sanction of the popular will, and was to be
received as the expression of that will. What the Constitution says of
itself, therefore, is as conclusive as what it says on any other point.
Does it call itself a "compact"? Certainly not. It uses the word
_compact_ but once, and that is when it declares that the States shall
enter into no compact. Does it call itself a "league," a "confederacy,"
a "subsisting treaty between the States"? Certainly not. There is not a
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