FREE BOOKS

Author's List




PREV.   NEXT  
|<   240   241   242   243   244   245   246   247   248   249   250   251   252   253   254   255   256   257   258   259   260   261   262   263   264  
265   266   267   268   269   270   271   272   273   274   275   276   277   278   279   280   281   282   283   284   285   286   287   288   289   >>   >|  
e themselves at will and without the consent of the other States from their most solemn obligations, and hazard the liberties and happiness of the millions composing this Union, can not be acknowledged. Such authority is believed to be utterly repugnant both to the principles upon which the General Government is constituted and to the objects which it is expressly formed to attain. It is not pretended that any clause in the Constitution gives countenance to such a theory. It is altogether founded upon inference; not from any language contained in the instrument itself, but from the sovereign character of the several States by which it was ratified. But is it beyond the power of a State, like an individual, to yield a portion of its sovereign rights to secure the remainder? In the language of Mr. Madison, who has been called the father of the Constitution-- It was formed by the States; that is, by the people in each of the States acting in their highest sovereign capacity, and formed, consequently, by the same authority which formed the State constitutions. ... Nor is the Government of the United States, created by the Constitution, less a government, in the strict sense of the term, within the sphere of its powers than the governments created by the constitutions of the States are within their several spheres. It is, like them, organized into legislative, executive, and judiciary departments. It operates, like them, directly on persons and things, and, like them, it has at command a physical force for executing the powers committed to it. It was intended to be perpetual, and not to be annulled at the pleasure of any one of the contracting parties. The old Articles of Confederation were entitled "Articles of Confederation and Perpetual Union between the States," and by the thirteenth article it is expressly declared that "the articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual." The preamble to the Constitution of the United States, having express reference to the Articles of Confederation, recites that it was established "in order to form a more perfect union." And yet it is contended that this "more perfect union" does not include the essential attribute of perpetuity. But that the Union was designed to be perpetual appears conclusively from the nature and extent of the powers conferred by the Constitution on the Fede
PREV.   NEXT  
|<   240   241   242   243   244   245   246   247   248   249   250   251   252   253   254   255   256   257   258   259   260   261   262   263   264  
265   266   267   268   269   270   271   272   273   274   275   276   277   278   279   280   281   282   283   284   285   286   287   288   289   >>   >|  



Top keywords:

States

 

Constitution

 
Confederation
 

formed

 
powers
 

Articles

 

sovereign

 

perpetual

 

expressly

 

created


language

 
constitutions
 

United

 

perfect

 
Government
 
authority
 
things
 

persons

 

appears

 
command

physical
 

committed

 

intended

 

perpetuity

 
executing
 
directly
 

designed

 

departments

 

spheres

 

conferred


organized
 

governments

 

extent

 

nature

 

judiciary

 

attribute

 

executive

 

legislative

 

conclusively

 
operates

contracting

 
articles
 
declared
 

article

 

thirteenth

 
established
 

inviolably

 
express
 

preamble

 
reference