Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/362

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CONSTITUTION OF THE U. STATES.
[BOOK III.

ing." If it is the supreme law, how can the people of any state, either by any form of its own constitution, or laws, or other proceedings, repeal, or abrogate, or suspend it?

§ 355. But, if the language of the constitution were less explicit and irresistible, no other inference could be correctly deduced from a view of the nature and objects of the instrument. The design is to establish a form of government. This, of itself, imports legal obligation, permanence, and uncontrollability by any, but the authorities authorized to alter, or abolish it. The object was to secure the blessings of liberty to the people, and to their posterity. The avowed intention was to supercede the old confederation, and substitute in its place a new form of government. We have seen, that the inefficiency of the old confederation forced the states to surrender the league then existing, and to establish a national constitution.[1] The convention also, which framed the constitution, declared this in the letter accompanying it. "It is obviously impracticable in the federal government of these states," says that letter, "to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society must give up a share of liberty to preserve the rest."[2] "In all our delibera-
  1. The very first resolution adopted by the convention (six states to two states) was in the following words: "Resolved, that it is the opinion of this committee, that a national government ought to be established of a supreme legislative, judiciary, and executive;"[a 1] plainly showing, that it was a national government, not a compact, which they were about to establish; a supreme legislative, judiciary, and executive, and not a mere treaty for the exercise of dependent powers during the good pleasure of all the contracting parties.
  2. Journal of Convention, p. 367, 368.
  1. Journal of Convention, p. 83, 134, 139, 207; 4 Elliot's Debates, 49. See also 2 Pitkin's History, 232.