I hope it is easy now
to show, Sir, that a doctrine bringing such consequences with it is not
well founded; that it has nothing to stand on but theory and assumption;
and that it is refuted by plain and express constitutional provisions. I
think the government of the United States does possess, in its
appropriate departments, the authority of final decision on questions of
disputed power. I think it possesses this authority, both by necessary
implication and by express grant.
It will not be denied, Sir, that this authority naturally belongs to all
governments. They all exercise it from necessity, and as a consequence
of the exercise of other powers. The State governments themselves
possess it, except in that class of questions which may arise between
them and the general government, and in regard to which they have
surrendered it, as well by the nature of the case as by clear
constitutional provisions. In other and ordinary cases, whether a
particular law be in conformity to the constitution of the State is a
question which the State legislature or the State judiciary must
determine. We all know that these questions arise daily in the State
governments, and are decided by those governments; and I know no
government which does not exercise a similar power.
Upon general principles, then, the government of the United States
possesses this authority; and this would hardly be denied were it not
that there are other governments. But since there are State governments,
and since these, like other governments, ordinarily construe their own
powers, if the government of the United States construes its own powers
also, which construction is to prevail in the case of opposite
constructions? And again, as in the case now actually before us, the
State governments may undertake, not only to construe their own powers,
but to decide directly on the extent of the powers of Congress.
Pages:
829
830
831
832
833
834
835
836
837
838
839
840
841
842
843
844
845
846
847
848
849
850
851
852
853