ives," and it further prescribes, that "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, anything in the constitution or laws
of any state to the contrary notwithstanding; and the members of the
several state legislatures, and all executive and judicial officers, both
of the United States and of the several states, shall be bound by oath or
affirmation to support this constitution."
Those who are full of faith, suppose that the words in pursuance thereof
are restrictive, but if they reflect a moment and take into consideration
the comprehensive expressions of the instrument, they will find that their
restrictive construction is unavailing, and this is evinced by 1st art., 8
sect., where this government has a power "to lay and collect all taxes,
duties, imposts and excises, to pay the debts, and provide for the common
defence and general welfare of the United States," and also "to make all
laws which shall be necessary and proper for carrying into execution the
foregoing powers vested by this constitution in the government of the
United States, or in any department or office thereof."
Art. 1st, sect. 7, provides a qualified negative, that is, that "every
bill which shall be passed [by] the house of representatives and the
senate, shall, before it become a law, be presented to the president of
the United States."
To conclude my observations on this head, it appears to me as impossible
that these powers in the state constitution and those in the general
government can exist and operate together, as it would be for a man to
serve two masters whose interests clash, and secure the approbation of
both. Can there at the same time and place be and operate two supreme
legislatures, executives, and judicials? Will a "guarantee of a republican
form of government to every state in the union" be of any avail, or secure
the establishment and retention of state rights?
If this guarantee had remained, as it was first reported by the committee
of the whole house, to wit, ... "that a republican constitution, and its
existing laws, ought to be guaranteed to each state by the United States,"
it would have been substantial; but the changing the word _constitution_
into the word _form_ bears no favorable appearance
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