Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-03-16

! 4. ill NOT be denied, SIT, tnat upS oe'"o''y
.,,aIy belongs 10 all Governments. lhey all
na.. ...s il from necessity. and as consequence
sse ...vsrcise of other powers. The State Gov
" u themselves possess II, except IN that
efn", IS cusstions which may arise between them
oi,' -. General Government, and 10 regard TO
aIe ,hsv have surrendered it, as we'll by the
of the case, as BY clear constitutional pro-
"a. In other and ordinary cases, whether a
".;cnlar law be in conformity to the consutu'
of the State, is a question which the State
S,-;sI,,ure or the State Judiciary must deter
- We all know that these questions arise
- i, the State Governments, and are decided
IA ms G. yernments; and | know no Govern
~, which does not exercise similar power.
hmm General principles, then, the Government
s,hs Uo;trd States possess this authority; anu
" y mid hardly be denied, were It not that
~ .rs otber Governments. But since there
S,sts Governments. aud since these, like
.Lor Governments, ordinarily cOnstrue their own
so,,sr. if the Government Of the United States
rr,ostrues its own powers also, which construc'
ioo !. 10 Drevail in the case ofoppOste construc-
ms, And again, as in the case now actually
h',,.os. m. State Governments may undertake,
~, only 10 construe their own powers, but TO de-
s;Ia directly on the extent of the powers OF Con-
,,o.s Congress has passed law as being with
n il. lust powers; South Carolina denies that
mi. law is within its Just powers, and insists mat
he has the right 50 TO decide this point. and that
nor decision IS final? How are these questions
10 be settled:
IN nv opinion. sir, even if the constitution OF
the United States had made 40 express provision
Ear such cases, it would vet be difficult TO main
,,in that in a constitution existing over four and
tsenty States, with equal authority over all, one
eould claim right Of constituting 1t for the whole.
Tai, would seem manifest impropriety-in
deed. an absurdity. II the constitution is go
,.,nment existing over all the States. though
with limited pnwers, it necessarily fuilows that,
10 The extent of those powers, II must be SUI
prene. II il be not superior to the authority OF
particular State. IL is not national Govern
me1t But a. il is a Government, il has a le-
gi,latiye power Of its own, and a Judicial power
cO extensive with the legislative, the inference IS
irresistible, that this Government, thus created
Jy the whole, and for the Ihole, must have an
authority superior TO that of the particular Gov
eminent OF anv Que part Congress is the Legs
atare VI all the people OF the United States; the
Judiciary and the General Gn,ernment is the ia
i.cnry Of all the people of the United States.
f. hold, therefore, that this Legislature and this
Jgiiciar, are Subordinate IN authority to the Lee
sisIature and Judiciary of single State, is do
ing violence TO all common sense, aud overiurn-
Ing all established principles. Congress must
Judge OF the eNent Of It's own powers 50 often
4, II I, called IN to exercise them, Or It cannot
Act at all aud II must also act independent OF
State cOnsrul. Oh N cannnt act AT all
The right OF State lnterposition strikes at the
very foundation If the legislative power of Con
gress, 1,pos,esses NJ effective legislative pow
Fl, II such right Of state interpo,itOn exists; he,
cause II can pass no laS not subject IL alrng, ton
lfcannOt make laws tor the Union, it any part OF
the Union may pronounce its enactments void
and OF no eject. Its fotmS uf legislation would
be an ,ule ceremony. If, after all. any one OF four
and twenty States might biJ defiance To It's au.
horliy Without express provision IN the Con.
shtuuon, therefore. sir, tins Nhole question i, ne
eesssriy decided by those provisions which Gre
Ne legislative power and Judicial power II
hese exist, III Government Intended for the
WHOLE the inevitable consequence is that the
laws OF This legislative power. must be binding
on and over the whole. No man can form the
conception OF Government existing over four
ana twenty States. with regular legislative and
luu'e'al power, aud Of the existence, at the sane
one' oil an authority. residing elsewhere, to re-
%,' ~ pleasure or discretion, the enac,men,s
aod 'ne decisions Of such Government Imam.
aln' therefore, sir, that. from the nature of the
case anu as an Inference wholly unavoidable.
@eacts OF Congress, and the decisinps of III.
Sau0oai courts, mast BE- of higher authority than
''aIs Laws and State decisions. Ii this be not
~ Wsre Is, there can be. no General Govern
meat
on'' VIZ President, the constitution has mt
s> u'S eardlnal point without full and explicit
provisions. FIRST. a. to the author,,, Of Con.
naHn. enumerated the specific powers
Ur'erren on Congress, the constitution adi.. as
1>w ~ AMI substantive clause. the following.
w, m 10 maSs al ia'cs ,chich shat be ,ec.ssnr,y
49,: proper for ca'ryiqg into srecu,,on ne 10 2
&c t'Cer', AL all )ihs" potcers peg,e3 BIZ mis-
S'""'o' a he Government Of me Uni,eL
10 80 % IN aug department or iii, er thereof i,
means any thing, IT means tina, CONGRESS-
noo J., T." the tn" extent and Just interpret a.
wv. Z" the specific powers granted to il: aoJ
D." Iause also Of what il uecessar, and pron.r
mJ,a .S 'h"se powers. II Congress is TO
4. ~ "na' Is necessary for the execution Of
tan, ~, must, OF necessity, Judge OF the ex