Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-03-09

the extent of Its reserved powers. ana TO J.farI
them against the entertainments of the Gene,
Government. Without going deeply into hi,
point. at this stage of the argument, or loOk,"n
into the nature and origin Of the Gryerpmsn,s
there was simple view OF the subject which
he considered as conclusive. The very ID.
of divided pnwer, implied the right. on mo
part Of the. State, for which he commended
The EXPRESSION was metaphorcal when aprl,.d
to power Every one readily understand. tia,
the division of matter consists in the sepsr,,;nn
of the parts. Bot. in this sense. it was M, an
plicable to power. What then is mean. BIS , !;
vision o! power? lie could not coacrne of
division. without giving an equal right to each "a
Judge of the extent Of the power allotted to each
Such right he held to be essential 10 the existent
of division; and that to give to either o,,tr
the conclusive right Of judging not only the ,har,
allotted to it, but of that allntted to the o,b.,
was to annul the division, and would confer II,
whole power on the party vested with such ri,b,
But it is contended that the Constitution has coz
ferred on the Supreme Court the right Of il,,.
Ing between the State aud the General Cover.
ment Those who make this objection. o,,,.
looked. he conceived, an important provision IS
the Constitution. Bv turning to the ION amend.
ed article o. the Constitution, il will be seen ma,
,he reservation of power to the States is no, on.
ly against the powers delegated to Congress. bg,
against the United States themselves: and ~
tends. of course, as well to the judiciary, as IA
the other departments of the Government.
The article provides that all powers, not dele.
gated to the United States. or prohibited BY it 70
the STATES, are reserved to the States respective.
~. or to the people. This presents the mqny.
what powers are delegated to The United Safe:
They may be clas.ed under four divisions: Fra,
those that are delegated by the State, 10 each
other, bv virtue Of which tie Constitution NAV
be altered or amended by three lourths Of ue
States, when, without which, it would have re.
quired the unanimous vote If al Next me
powers conferred on Congress; then those on tie
President; and, finally, those on the Judicial De.
partment, all nf which are particularly enume.
rated in the parts at the Constitution which 81,
eanizGs the respective departments. The re.s.
walton Of powers To the States is. rs he has sad
against the whole, and is a, full against the jsa
cial, as it is against the executive aud iesslane
departments nf the Government. IL could 10.
be claimed for the one, without claiming 1t IN
the whole. and without, in fact, aunui!ng ths
important provision Of the Constitution. Agaln.,
this, as it appeared to HIM. conclusive view uihc
subject, i, has been urged that this power is N.
pressIy conferred on he Supreme Court by tlal
portion of the Constitution which provides, mt
the judicial power shall extend to all cases 10 Iaw
and equity, arising under the Constitution, II.
laws Of the United States, aud treaties made IN.
der their authority He believed the asserrionN
he utterl, destitute of any foundation. 1t Oh.
fan nf tho M
ply to make the judicial pcwer commensurate
with the Iaw-naking and treaty making pow.
crs; and to vest II with the right Of applying d.
Constitution, The laws, and the treaties, to Tie
cases which might arise under them; and nor u
make it the judge of the Constitution, the laws
and the treaties themselves. In fact, the poSG
of APPLYING the laws to the facts Of the case, and
deciding upon such application, constitutes
truth The judicial power. The distinction b.
tween such power, and that Of judging Of TIE
laws. would be perfectly apparent when We 3D.
vert to what is the knowIrdged power Of tie I
Court ~ reference to treaties or c0mpacts beve I
sOvereigns
1t was perfectly established. that the COsr' I
have no right to Judge Of the violation OF treatf'
and that, in reference TO them, their power sI'
United to the right of Judging. simply Of the "o
latiOn of rights under them; and tha. the rs'' Z
OI Judging of iniractions belongs exclusively
the parties themselves, and not to the Courts; o.
which we have an example in the French lrea','
which was declared BY Congress null and 'ou'
in consequence Of its violation by the Gmdf &
ment of France Without such drcIaraoh ha'
French citizen sued citizen OF ms 'ouah' &
under the treaty, the Court could have 'aSsn %
cognlzance Of its lnfractiOn; nor after such a ''
claratiun, wou,d it have heard any Argument OF
proof going 10 show that the treaty had mol u'''
violated. Fl
The declaration of itself was conclusive oni'
court But il would be asked how the copH"
tanned the powers to pronounce law :" ".
unconstitutional. when they come IN c"nlI'c'"' T.
that instrument? He did not deny That ny u
sesses the right, but he could by no mean ~
cede that it was derived from the Con'I!'O"~ q
II had its origin in the necessity oi the 'a' IA
Where there were two or more rules e''aorDs RI
one from higher, the Other IRON lever ' "a,
rlty, which might come. into conflict. III aPP9"'
them to particular case, the judge co''u H
avoid pronouncing in favor OF the super'" -
the inferior. 1t wa. from this necessity anu w. III
alone. that the power which is no" 'e' W
override the rights Of the States again, az