Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/327

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CH. III.]
NATURE OF THE CONSTITUTION.
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fore, bound to the several states respectively, and to every citizen thereof, for the due execution of those duties, and the observance of this obligation is enforced under the solemn sanction of an oath from those, who administer the government.

§ 319. Such is a summary of the reasoning of the learned author, by which he has undertaken to vindicate his views of the nature of the constitution. That reasoning has been quoted at large, and for the most part in his own words; not merely as his own, but as representing, in a general sense, the opinions of a large body of statesmen and jurists in different parts of the Union, avowed and acted upon in former times; and recently revived under circumstances, which have given them increased importance, if not a perilous influence.[1]

§ 320. It is wholly beside our present purpose to engage in a critical commentary upon the different parts of this exposition. It will be sufficient for all the practical objects we have in view, to suggest the difficulties of maintaining its leading positions, to expound the objections, which have been urged against them, and to bring into notice those opinions, which rest on a very different basis of principles.

§ 321. The obvious deductions, which may be, and indeed have been, drawn from considering the constitution as a compact between the states, are, that it op-
  1. Many traces of these opinions will be found in the public debates in the state legislatures and in congress at different periods. In the resolutions of Mr. Taylor, in the Virginia legislature in 1798, it was resolved, "that this assembly doth explicitly and peremptorily declare, that it views the powers of the federal government as resulting from the compact, to which the states are parties."—See Dane's Appendix, p. 17. The original resolution had the word "alone" after "states," which was struck out upon the motion of the original mover, it having been asserted in the debate, that the people were parties also, and by some of the speakers, that the people were exclusively parties.