Great Issues in American History, Vol. II: From the Revolution to the Civil War, 1765-1865
Format: PDF / Kindle (mobi) / ePub
Spans the history of America from its discovery to the present, providing a generous sampling of documents.
unequal; that the amount raised by them is greater than is required by the wants of the Government; and, finally, that the proceeds are to be applied to objects unauthorized by the Constitution. These are the only causes alleged to justify an open opposition to the laws of the country and a threat of seceding from the Union if any attempt should be made to enforce them. The first virtually acknowledges that the law in question was passed under a power expressly given by the Constitution to lay
restoration of peace, would be a singular advantage and blessing. 3. Agriculture, commerce, and industry would resume their wonted vigor. At present, they languish and droop, both here and in Britain; and must continue to do so, while this unhappy contest remains unsettled. 4. By a connection with Great–Britain, our trade would still have the protection of the greatest naval power in the world. England has the advantage, in this respect, of every other state, whether of ancient or modern times.
here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.— We, therefore, the Representatives of the
nominated forty-two men to fill such posts. They were confirmed by the Senate, and their commissions were signed but, in the rush of the closing hours of the Adams administration, were not actually delivered. On the ground that too many justices had been created, Jefferson, upon taking office, withheld the commissions of seventeen. Only four of the seventeen, including one William Marbury, thought it worth while to bring suit to force Secretary of State James Madison to deliver the commissions
invalidity, bind the courts and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory, and would seem, at first view, an absurdity too gross to be insisted on. It shall, however, receive a more attentive consideration. It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases