The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-12

sand men,n Florida and conduer Grerria.
* cession Gift be demanded as the conditi-
on OF peacc as s'the safety of the nation is
.ne nrss law the general government to
wnom IS committed the power of making
treaties, without any limitation. would have
power if absolutely necessary TO code Thar
state, although your constitution guarantees
to every state in the union a republican form
OF government. and protection from invasion.
should more fortunate times succeed. the
treaty might be repealed by an act of Con-
Sress. we have seen treaties thus rerealed
ana the power is not doubted. Well. the.
treaty although contrary to a clause of vo,r
would be the supreme law of
the land Tor the constitution declares it no !:
anu we must support the constitution. by
N what 1t maintains. The act of
congress although contrary to the treaty.
~ouio De the supreme law of the land. If
then, an act Of Congress NAV abroeate
treaty and treaty might contravene a Claus.
.. your constitution; why may not an act of
congress De received as law, in court. alsho'
deemed IN collision with the constitution
as tue constitution declares the laws of
tne United States made in pursuance there
y, supreme law; an important question a.
rises rises as TO the meaning of the terms used.
DoeS the constitution by the expression
- Mode ~ fursuonce hereof'' mean acts of
Iiohsress Which shall be. in the opinion of
eme FEDERAL court, not contrary to
any y! the provisions of the constitution Or
does 1t mean acts of Congress. made IN r5e
manner prescribed by the constitution--
s,shsa py the president, or re-passed by two
'hiros, or not returned in ten DAYS, Bv the
sINe".h section OF the first article il Is he
C,arsd that every bill, before il become a Lo.,
shaii De presented to the Presidcnt-if he
.pprove 1t ne shall sign tiff not returned
III Yen Gays me same shall be lag in ik.
manner as IT he had signed tiff approved
=! .wo-tnlrds OF each house, ii shall 6econ,
49, Here 1t is expressly and repeatedly
IN the different modes here mentioned e.,
BECOME LAWS. This is what is meant h.,
o ese phrase claws made in pursuance there
o contend tor this construction as most
1sieesoie to the meaning of the words used.
eou'eno ror this construction as safest for.
ehe nation; because it gives to them. and
not 10 single court, the power to fix the
I'eanihS OF every clause in the constitution
Iohtend tor it, because it is safest for midi
s,uuais' who when they see an act of Con-
o ~in know certainly, that it is the SUI
H.. law OF the land. Itis the construction
tha. keeps separate and distinct the d;fF.r-
ent branches of the government. and 80
ing 20 which the concurrence of the ;ndc;
ccssary. - ho' ne
IL mas oeen said that ours IS q government.
ol checks and balances, and that the ind;c;,-
is a constitutional check on the lepislat,rs
!. uo NOT understand the design of the cons,i-
~ 20 De, that one department of mower
81 ouiu ehecH or control another department.
W power: On the contrary understand the
IfP are TO De SEPARATE and distinct.
- ohe department ofpower can interfere with
=
Each department of power has check. yO;tb-
IN ltseH. Thus in the exercise of the ;uf;c;-
a. power, the supreme Court CHECKS Tho !,
.e,iof courts. In the exercise of executive
1--we" 'ne senate are sometimes a check
spoii inc president. And in the exercise of
legislative power the two houses are cbecks
On on, sach other, and the President on both
= heSe are the checks and balances provided
uhe constitution. The different powers
a essentially distinct. and it is evidently the
oi inc constitution to keep them So
IS eneI union constitutes despotism. And
Tor llfe' independent of every other bodv of
men, and OF the nation, have a ripht 20
80. rules tor the exercise of the IeeisIa-
we executive and judicial powers. and 70
oecice on the acts of each dernfer in tbe r.
so,t' 'hen despotism is established Tn.
Judges OF the supreme federal Court ~. .hs
supreme rulers OF the nation
Inc consequences of the power claimed
oy the Judges, deserve the most serions ar
tention, Suppose new social contraet be-
tween prince and people, part of which
should be that the people should choose Ieeis-
iators and the prince judges; whether would
IT not be safest for the people that the indpes
chosen oy the prince should have power r.
decide on the constitutionality of the acts of
the legislators, or that the people themselves
should judge of the coustituionalitv Of tboss
acts! In such society would no, the advo-
Gates for monarchical power contend tina.
the princes servants should fix the meaning
OF the social contract; and the advocates of
democratic power contend that the neonIeS
representatives should possess that right
ana exercise 1T, responsible to the people
Names do not alter the nature of tlip@s and
you may compare this supposed case With ths
actual situation of the u. States. There
has been time when all the Judges of the
supreme federal court held their Offices from
the git ofthe ruling President Then shall
men, elected by the President, decide on the
ofthe constitution, without anv an
peal, or shall men elected by che peopIe and
the state governments SO decide, subject to
the revision of their constituents
1t is asked, what shall be done il coneress VIC
late the constitutions For instance. susnend
the writs OF Ha6eas eorfius when there is M
invasion or rebellion. answer, the pconIc
Will change their Representatives. the states
their senators. and the 10 Mill l..