Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/349

 CH. III.] a state of society, the laws of that society must be the supreme regulator of their conduct. If a number of political societies enter into a larger political society; the laws, which the latter may enact, pursuant to the powers entrusted to it by its constitution, must be supreme over those societies, and the individuals, of whom they are composed. It would otherwise be a mere treaty, dependent on the good faith of the parties, and not a government, which is only another word for political power and supremacy. A state constitution is then in a just and appropriate sense, not only a law, but a supreme law, for the government of the whole people, within the range of the powers actually contemplated, and the rights secured by it. It would, indeed, be an extraordinary use of language to consider a declaration of rights in a constitution, and especially of rights, which it proclaims to be "unalienable and indefeasible," to be a matter of contract, and resting on such a basis, rather than a solemn recognition and admission of those rights, arising from the law of nature, and the gift of Providence, and incapable of being; transferred or surrendered.