e of such language in all its pages. But it declares itself a
CONSTITUTION. What is a _constitution_? Certainly not a league, compact,
or confederacy, but _a fundamental law_. That fundamental regulation
which determines the manner in which the public authority is to be
executed, is what forms the _constitution_ of a state. Those primary
rules which concern the body itself, and the very being of the political
society, the form of government, and the manner in which power is to be
exercised,--all, in a word, which form together the _constitution of a
state_,--these are the fundamental laws. This, Sir, is the language of
the public writers. But do we need to be informed, in this country, what
a _constitution_ is? Is it not an idea perfectly familiar, definite, and
well settled? We are at no loss to understand what is meant by the
constitution of one of the States; and the Constitution of the United
States speaks of itself as being an instrument of the same nature. It
says this _Constitution_ shall be the law of the land, any thing in any
State _constitution_ to the contrary notwithstanding. And it speaks of
itself, too, in plain contradistinction from a confederation; for it
says that all debts contracted, and all engagements entered into, by the
United States, shall be as valid under this _Constitution_ as under the
_Confederation_. It does not say, as valid under this _compact_, or this
league, or this confederation, as under the former confederation, but as
valid under this _Constitution_.

This, then, Sir, is declared to be a _constitution_. A constitution is
the fundamental law of the state; and this is expressly declared to be
the supreme law. It is as if the people had said, "We prescribe this
fundamental law," or "this supreme law," for they do say that they
establish this Constitution, and that it shall be the supreme law. They
say that they _ordain and establish_ it. Now, Sir, what is the common
application of these words? We do not speak of _ordaining_ leagues and
compacts. If this was intended to be a compact or league, and the States
to be parties to it, why was it not so said? Why is there found no one
expression in the whole instrument indicating such intent? The old
Confederation was expressly called a _league_, and into this league it
was declared that the States, as States, severally entered. Why was not
similar language used in the Constitution, if a similar intention had
existed? Why was it not said, "t