very words of the Constitution. But I contend,
further, that it rightfully belongs to Congress, and to the courts of
the United States, to settle the construction of this supreme law, in
doubtful cases. This is denied; and here arises the great practical
question, _Who is to construe finally the Constitution of the United
States_? We all agree that the Constitution is the supreme law; but who
shall interpret that law? In our system of the division of powers
between different governments, controversies will necessarily sometimes
arise, respecting the extent of the powers of each. Who shall decide
these controversies? Does it rest with the general government, in all or
any of its departments, to exercise the office of final interpreter? Or
may each of the States, as well as the general government, claim this
right of ultimate decision? The practical result of this whole debate
turns on this point. The gentleman contends that each State may judge
for itself of any alleged violation of the Constitution, and may finally
decide for itself, and may execute its own decisions by its own power.
All the recent proceedings in South Carolina are founded on this claim
of right. Her convention has pronounced the revenue laws of the United
States unconstitutional; and this decision she does not allow any
authority of the United States to overrule or reverse. Of course she
rejects the authority of Congress, because the very object of the
ordinance is to reverse the decision of Congress; and she rejects, too,
the authority of the courts of the United States, because she expressly
prohibits all appeal to those courts. It is in order to sustain this
asserted right of being her own judge, that she pronounces the
Constitution of the United States to be but a compact, to which she is a
party, and a sovereign party. If this be established, then the inference
is supposed to follow, that, being sovereign, there is no power to
control her decision; and her own judgment on her own compact is, and
must be, conclusive.
I have already endeavored, Sir, to point out the practical consequences
of this doctrine, and to show how utterly inconsistent it is with all
ideas of regular government, and how soon its adoption would involve the
whole country in revolution and absolute anarchy. I hope it is easy now
to show, Sir, that a doctrine bringing such consequences with it is not
well founded; that it has nothing to stand on but theory and assumption;
and
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