The Arkansas advocate., 1833-01-30

CohstthaIoh was framed, were in favor of 2 ' T rsn \ at.ena! ii, wisis. the States should stand in the same rela- tionsto the Ufton. that the colonies did towards the mother country. The Jour nals of the Convention and the secret his- tory of tbe debates, will show that this par y did propose to secure 10 the Federal Go vernment an absolute supremacy over ihe States, by giving them negative upon their laws but the same history alse teach es us that all these propositions were re- jecied, and Federal Government was hnally established, recoe nszing the sovc. reignty of the States, and leaving the con stitutional compact on the footing of all other compacts between parties having no common superior.
 It is the natural and necessary conse- qence of the principles thus a,ithorit atve- y announced by the President, as consti- tuting the very basis Of our political sys- tem, that the Federal Government IS un- limited and saprene; being inc exclusive judge of the extent of it's own powers, the laws of Congress sanctioned by the Exec utiye and the Judiciary. whether passed in direct violation of the Constitution and rights of the States. or not, are the su- preme law Of the Iand. Hence it Is that the President obviously considers the
 
 tion,' as mere suFplusage; and therefore when he professes to recife the provision of the Constitution on tl,is subject he states Chat our sSociaf compaet in express terms declares that the Iatos of ihe Unifed Siaies, its Consultation, and the Treaties mado un- der It, are tho supreme law Of the land : and speaks throughout of slhe explicit su- premacy given to the laws of the Union oyer those of the States '-as if q law of Congress was Of itself supreme, while if was necessary to the validity of a treaty that t should De made in pursuance Of the Constitution. s'ncb, however, is not the provision of the Consultation. That in- strument expressly provides that 'the Con- stitntion, and iaWs Of the United States 1 toh'ch shdH De made sn pursuance thereof, shall be the supreme law Of the land any thing in the Constilution or laws of any State to the contrary notwithstandinr'
 Here II will be seen that law of Con- gress, as snch, can have no validity unless made in pursuance of tho Constitutions , An unconstiiutignal act IS therefore null and void, and the only point that can arise In this case Is whether, 10 the Federal G vernment, ur any department shoreof, has been exclusively reserved tilo right 10 de- eide authoritatiYely foTfte Stafes this uuas- ton Of constitafionality. ffthis be SO, 10 which of the departments, It may be asked, is this right of final judgment given! II If be to Congress, then is Congress not only elevated above the other departments of the Federal Govcrnment.b but 1t IS put above the Constitution itself. This, however. tho President himself has publicly aud solemnly denied, claiming and exercising, as is known to all the wofld-tle right to refuse to execute actr of Congress- and sol emn treaties, even after they had received the sanction of every department of the Federal Government.
 That the Executive possesses this right of deciding finally and exclusively as to the validity of acts Of Congress, will bard- Iy be pretended-and that it belongs 10 the Judiciary, except so far as may be neces- sary 10 the decision of questions, " hich may incidentally come before them, in sca- ses of law and equity,' has been denied by none more strongly than tho President himself, who on memorable occasion re- fused to acknowledge Inc binding authoti- ty of the Federal Court, and claimed for himself and has exercised the right of enforcing the laws, nos according to their judgment, but shis own understanding of theti. And yet when it serves the pur- pose of bringing odium upon South Caroi- na, siiis native State,' the Pres ident has no hesitation in regarding the attempt ofa State to release herself from the control of the Federal Judiciary, in matter affect ing her sovereign rights. as 8 violation Of the Constitution.