There must be a Supreme Court of justice, and a
system of subordinate Courts in every State of the Union, before
whom such questions shall be carried, and whose judgment on them, in
the last stage of appeal, shall be final. Every State of the Union,
and the Federal Government itself, as well as every functionary of
each, must be liable to be sued in those Courts for exceeding their
powers, or for non-performance of their federal duties, and must in
general be obliged to employ those Courts as the instrument for
enforcing their federal rights. This involves the remarkable
consequence, actually realised in the United States, that a Court of
justice, the highest federal tribunal, is supreme over the various
Governments, both State and Federal; having the right to declare
that any law made, or act done by them, exceeds the powers assigned to
them by the Federal Constitution, and, in consequence, has no legal
validity. It was natural to feel strong doubts, before trial had
been made, how such a provision would work; whether the tribunal would
have the courage to exercise its constitutional power; if it did,
whether it would exercise it wisely and whether the Governments
would consent to submit peaceably to its decision. The discussions
on the American Constitution, before its final adoption, give evidence
that these natural apprehensions were strongly felt; but they are
now entirely quieted, since, during the two generations and more which
have subsequently elapsed, nothing has occurred to verify them, though
there have at times been disputes of considerable acrimony, and
which became the badges of parties, respecting the limits of the
authority of the Federal and State Governments.
Pages:
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353