Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/555

 CH. XV.] is, &lsquo;to form a more perfect Union.&rsquo; Now, is it possible, that even if there were no express provision giving supremacy to the constitution and laws of the United States over those of the states, it can be conceived, that an instrument, made for the purpose of &lsquo;forming a more perfect Union,&rsquo; than that of the confederation, could be so constructed by the assembled wisdom of our country, as to substitute for that confederation a form of government dependent for its existence on the local interest, the party spirit of a state, or of a prevailing faction in a state? Every man of plain, unsophisticated understanding, who hears the question, will give such an answer, as will preserve the Union. Metaphysical subtlety, in pursuit of an impracticable theory, could alone have devised one, that is calculated to destroy it.

"I consider, then, the power to annul a law of the United States, assumed by one state, incompatible with the existence of the Union; contradicted expressed by the letter of the constitution; unauthorized by its spirit; inconsistent with every principle, on which it was founded; and destructive of the great object, for which it was formed.

"After this general view of the leading principle, we must examine the particular application of it, which is made in the Ordinance.

"The preamble rests its justification on these grounds:—It assumes, as a fact, that the obnoxious laws, although they purport to be laws for raising revenue, were, in reality, intended for the protection of manufactures, which purpose it asserts to be unconstitutional; that the operation of these laws is 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 and collect imposts; but its constitutionality is drawn in question from the motives of those, who passed it. However apparent this purpose may be in the present case, nothing can be more dangerous, than to admit the position, that an unconstitutional purpose, entertained by the members, who assent to a law enacted under a constitutional power, shall make that law void; for how is that purpose to be ascertained? Who is to make the scrutiny? How often may bad purposes be falsely imputed? in how many cases are they concealed by false professions? in how many is no declaration of motive made? Admit this doctrine, and you give to the states an uncontrolled right to decide; and every law may be annulled under this pretext. If, therefore, the absurd and dangerous doctrine should be admitted, that a state may annul an unconstitutional law, or one that it deems such, it will not apply to the present case.

"The next objection is, that the laws in question operate unequally. This objection may be made, with truth, to every law that has been or