The Federalist Papers by Alexander Hamilton, John Jay, and James Madison

2. "This Constitution and the laws of the United States which shall

352 words  |  Chapter 33

be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land, and the judges in every State shall be bound thereby, any thing in the constitution or laws of any State to the contrary notwithstanding." The indiscreet zeal of the adversaries to the Constitution has betrayed them into an attack on this part of it also, without which it would have been evidently and radically defective. To be fully sensible of this, we need only suppose for a moment that the supremacy of the State constitutions had been left complete by a saving clause in their favor. In the first place, as these constitutions invest the State legislatures with absolute sovereignty, in all cases not excepted by the existing articles of Confederation, all the authorities contained in the proposed Constitution, so far as they exceed those enumerated in the Confederation, would have been annulled, and the new Congress would have been reduced to the same impotent condition with their predecessors. In the next place, as the constitutions of some of the States do not even expressly and fully recognize the existing powers of the Confederacy, an express saving of the supremacy of the former would, in such States, have brought into question every power contained in the proposed Constitution. In the third place, as the constitutions of the States differ much from each other, it might happen that a treaty or national law, of great and equal importance to the States, would interfere with some and not with other constitutions, and would consequently be valid in some of the States, at the same time that it would have no effect in others. In fine, the world would have seen, for the first time, a system of government founded on an inversion of the fundamental principles of all government; it would have seen the authority of the whole society every where subordinate to the authority of the parts; it would have seen a monster, in which the head was under the direction of the members.

Chapters

1. Chapter 1 2. 1. The same idea, tracing the arguments to their consequences, is held 3. 4. Ibid. Phidias was supposed to have stolen some public gold, with the 4. 9. The League of Cambray, comprehending the Emperor, the King of France, 5. 11. Vide "Principes des Negociations" par l'Abbé de Mably. 6. 2. In order that the whole subject of these papers may as soon as 7. introduction. The art of fortification has contributed to the same ends. 8. 1. This objection will be fully examined in its proper place, and it 9. 1. "Spirit of Laws," vol. i., book ix., chap. i. 10. 1. If my memory be right they amount to twenty per cent. 11. 1. "I mean for the Union." 12. 1. This was but another name more specious for the independence of the 13. 1. Pfeffel, "Nouvel Abrég. Chronol. de l'Hist., etc., d'Allemagne," says 14. 1. This, as nearly as I can recollect, was the sense of his speech on 15. 3. New Hampshire, Rhode Island, New Jersey, Delaware, Georgia, South 16. 4. Add New York and Connecticut to the foregoing seven, and they will be 17. 1. The sophistry which has been employed to show that this will tend 18. 1. Its full efficacy will be examined hereafter. 19. 1. The New England States. 20. 2. Declaration of Independence. 21. 1. A power "to promote the progress of science and useful arts, by 22. 2. "To exercise exclusive legislation, in all cases whatsoever, over 23. 3. "To declare the punishment of treason, but no attainder of treason 24. 4. "To admit new States into the Union; but no new State shall be formed 25. 5. "To dispose of and make all needful rules and regulations respecting 26. 6. "To guarantee to every State in the Union a republican form of 27. 7. "To consider all debts contracted, and engagements entered into, 28. 8. "To provide for amendments to be ratified by three fourths of the 29. 9. "The ratification of the conventions of nine States shall be 30. 1. "No State shall enter into any treaty, alliance, or confederation; 31. 2. "No State shall, without the consent of the Congress, lay any imposts 32. 1. Of these the first is, the "power to make all laws which shall be 33. 2. "This Constitution and the laws of the United States which shall 34. 3. "The Senators and Representatives, and the members of the several 35. 4. Among the provisions for giving efficacy to the federal powers might

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