FREE BOOKS

Author's List




PREV.   NEXT  
|<   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116  
117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   >>   >|  
their State constitution, except in the mode prescribed by that instrument, unless by a revolution? And the same power, the people of Carolina, that formed for them their State constitution, ratified and rendered obligatory upon them the Constitution of the Union; and can the one and not the other be abolished, except by a revolution, in any other mode than that prescribed by the Constitution? No; the people of Carolina, and of all the States, as distinct communities, in ratifying the Constitution of the Union, rendered it binding upon the people of every State, by the declaration that 'this Constitution shall be the supreme law of the land, and that the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.' Here we see the distinction between the State and the people of the State again recognized and confirmed, and the 'State,' by its 'laws,' and the people of the State, by the formation of a constitution, expressly prohibited from arresting the operation of the Constitution of the United States, as 'the supreme law of the land,' 'in every State.' If Carolina secede, she must form a constitution, by which she will assume the powers granted to the General Government, and vest them in the government of the State. Here she would be met by the former act of the people of Carolina, declaring that they had abandoned the power to form for themselves a constitution by which the Constitution of the Union would cease within their limits to be 'the supreme law of the land.' Nor did the framers of the Constitution mean to say only that the then existing Constitutions of the States ratifying the compact should be subordinate to the Constitution of the Union; for then, also, only the existing laws of any State were required to be subordinate to the Constitution of the Union; but both are placed on the same basis. The power of a State to nullify by its laws, or secede by forming a new constitution, are both denied in the same clause and sentence of the American Constitution. The language is clear, that the Constitution of the Union shall be 'the supreme law of the land,' and 'binding in every State,' 'anything in the Constitution or laws of any State to the contrary notwithstanding.' The terms are '_shall be_;' it is the language of command, it is prospective, it was binding when subscribed, now, and forever. Or, was Carolina never bound by this compact, and mi
PREV.   NEXT  
|<   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116  
117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   >>   >|  



Top keywords:

Constitution

 

constitution

 

people

 

Carolina

 

supreme

 

States

 

binding

 

subordinate

 

secede

 

compact


notwithstanding
 

prescribed

 

contrary

 
existing
 

language

 

rendered

 

revolution

 

ratifying

 
limits
 

Constitutions


framers

 

sentence

 
prospective
 

command

 

subscribed

 
forever
 

American

 

nullify

 

forming

 

abandoned


clause
 

denied

 
required
 
formation
 

declaration

 

judges

 

communities

 

distinct

 

distinction

 

formed


instrument
 

ratified

 

obligatory

 

abolished

 
recognized
 

confirmed

 

Government

 

General

 

granted

 
government