Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/176

 168 acquiesced in the decisions, the statement must be admitted to be correct And such must, under such a postulate, be for ever the case with all constitutional questions. It is utterly hopeless in any way to satisfy all minds upon such a subject. But if it be meant, that these decisions have not been approved, or acquiesced in, by a majority of the Union, as correct expositions of the constitution, that is a statement, which remains to be proved; and is certainly not to be taken for granted. In truth, it is obvious, that so long as statesmen deny, that any decision of the Supreme Court is conclusive upon the interpretation of the constitution, it is wholly impossible, that any constitutional question should ever, in their view, be settled. It may always be controverted; and if so, it will always be controverted by some persons. Human nature never yet presented the extraordinary spectacle of all minds, agreeing in all things; nay not in all truths, moral, political, civil, or religious. Will the case be better, when twenty-four different states are to settle such questions, as they may please, from day to day, or year to year; holding one opinion at one time, and another at another? If constitutional questions are never to be deemed settled, while any persons shall be found to avow a doubt, what is to become of any government, national or state? Did any statesmen ever conceive the project of a constitution of government for a nation or state, every one of whose powders and operations should be liable to be suspended at the will of any one, who should doubt their constitutionality? Is a constitution of government made only, as a text, about which, casuistry and ingenuity may frame endless doubts, and endless questions? Or is it made, as a fixed system to guide, to cheer, to support, and to protect the people? Is there any gain to rational liberty, by perpetuating doctrines, which leave obedience an affair of mere choice or speculation, now and for ever?