Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-02-02
he 1-2 cen,s Si'.y.e.]


e 5ution, andinth manner preso ribed there.
IN; when tue Constitution declares :. n SA,ly
: "0ec'nte q 1asp,'' and tl:,t it Shall BE, ssth.
supreme law OF the landi" |, SEEMS Il,
me that such actions are no evidence of ~.
Estates. ''''SN
Let me not be understood rs rn.an;,y -
impair the obligation of the constitution az
Ia Fundamental law, WHEN say !, is not II,
court, farGmoHnt law. II is gross in
suit 70 the congress and Pr, sident to suffer
the judiciary 10 say to them, Uyon have
Vioiated your oaths and the constitution.
. and yonr act shall not become a law liz
Is reqmring the concurrence Of the iuticiarv
IN the passage of every law. Il is better
'uat an act. the constitutionality or which
may De doubtedj should operate until the
nation by its representatives perceives the
looJectson, &rSpea II than that we should
not Know what acts are laws, until their
validity has been questioned in the supreme
court Does any gentleman believe that
congress VIII Intentionally and pa lpaLIv
Vioiate the constitution by passing acts con-
trary thereto Judge Chase saws =. No ci.
'uzen OF knowledge and information. nm.
= less under the influence. of passion or pre-
"Judlce, will believe, without very strong
=. ana lndubitaale proof, that Congress will.
' intentionally, make any Jaw in violation
" OF the federal constitution, and their sa..
creu trust Then ii is essential To the
preservation of the constitution that it shall
be regarded as a paramount law, in court.
A:d IT is much safer ind r the protec ION
OF congress, the President, and the nation.
OH the one hand, Khan it would be on the
'ther, under that of the three Judges c.m-
posing he majority of the supI eme federal
court, alone
Mr.. Marshall in tina case OF Nurbnrg A.
salnst Madison observed, that cit i, Iot
"enlirely unworthy of observ alton. tn, N
declaring what shall be the supreme law
Oh me land, the constitution itself is frSs
mentioned The clause OF the consti,u-
tuition reads thus: g This constitution. and
"the laws of the u States which shall be
made IN pursuance thereof, and all trea-
tiles made, or VIII CHI shall he made.
"under the authority IL me United States.
= snail be the supreme law of the land -
he idea conveyed by tn passage onoted
from the argument of the chief lustce. is,
mat there are grades of supreme law and
thar the hrst mentioned, rs the h ghesr
grade; but no such inference can be drawn
rom that circumstance. The const tuition,
laws, and treaties, are all mentioned assn
IRENE ta'v consequently they are laws Of
eqitaf dignity. Aud il two of them should
conEr ivene each other, the rule shat the
Posterlor law abrcgates the prior law must
apply. treaty might be made CONTRARY
10 IN article OF your constitution. Snould
a state he conquered ; should Bouaparte
iand with five hunGred thousand men in
florida and Conquer Georgia, and cessi-
on OF 1t be demanded as the condition. If
peace AS, "the safety of the nation is the,
1rst law the general COVE rnmcnt 10 WHO'S
rs committed the power of ma king treaties.
u absolutely necessary to cede that state,
your constitution guarantees to e.
very state IN the union a republican form
OF government, and protection from iavasi-
ON. Should more fortunate times succeed,
the treaty might be repealed by AL act OF
Congress We have seen treaties thus re-
pealed and the power is not doubted Wen,
the treaty although contrary TO a clause OF
your constitution, would be the supreme
law OF the land for the constitution de-
Clares IL SO and we must support the con-
stitution, by maintaining what it m aintains.
the act o Congress, although contrary to
the treaty, would be the supreme law of
the land 1t then, an act of Congress NAV
abrogtte treaty and treaty might COM
traVene clause of your constitution why
may not an act Of Congress he received az
law, in court, atho' deemed n collision with
the constitution
As the constitution declares the laws of
the United States male in fnrsuoncc there1
~, supreme law; an Important question A.
rises as 10 the meaning of the terms used.
Does the constitution 10y the EXPRESSION
6 made IN purSn0aee thereof" mean acts Of
congress which shall be, in the opinion of
the supreme federal court, not contrary 10
any THE provisions Of the constitution Or
does It mean acts Of congress, made IN thc
manner prescribed by the conssituiion-
signed by the president and repassed by two
thirds, CT not returned in ten DAYS? By the
seventh section Of the first article il is de-
clared that every bill, bcforeif become hqsy.
SHAH be presented to the PrcsiGent--if he
approve it he shall sign tiff not returned
IN ten days fhe came 6haH BE- n lar " like
manner as II he had signed it.--ifapyrovcd
BY two thirds OF each house, IL 8haH became
a lar. Here it is expressly and repeatedly
declared, that the acts OF congress passed in
the different modes here mentioned, SHALL
p EcoME LAWS. This is what is meant bv
The phrase claws made 10 pursuance there.
Of" contend Tor this construction as nost
Q agreeable TO the meaning Of the words used.s
! contend for this construction as safes fer
The nation because il gives to them, ard
not To- single court, the power 10 Gx the
meaning Of every clause in the constitution.