Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/356

adopted by a people. If there were any analogy, it would follow, that every violation of the constitution of the United States by any department of the government would amount to a renunciation by the incumbent or incumbents of all rights and powers conferred on that department by the constitution, ipso facto, leaving a vacancy to be filled up by a new choice; a doctrine, that has never yet been broached, and indeed is utterly unmaintainable, unless that violation is ascertained in some mode known to the constitution, and a removal takes place accordingly. For otherwise such a violation by any functionary of the government would amount to a renunciation of the constitution by all the people of the United States, and thus produce a dissolution of the government eo instanti; a doctrine so extravagant, and so subversive of the rights and liberties of the people, and so utterly at war with all principles of common sense and common justice, that it could never find its way into public favour by any ingenuity of reasoning, or any vagaries of theory.

§ 348. In short, it never entered into the heads of the great men, who accomplished the glorious revolution of 1688, that a constitution of government, however originating, whether in positive compact, or in silent assent and acquiescence, after it was adopted by the people, remained a mere contract or treaty, open to question by all, and to be annihilated at the will of any of them for any supposed or real violations of its provisions. They supposed, that from the moment it became a constitution, it ceased to be a compact, and became a fundamental law of absolute paramount obligation, until changed by the whole people in the manner prescribed by its own rules, or by the implied resulting power, belonging to the people in all cases of necessity to pro-