To guard against each, it so modified the amending power as to avoid both extremes — and thus to preserve the equilibrium of the powers of the system as originally established, so far as human contrivance could.
Thus the power which, in its simple and absolute form, was the creator, becomes, in its modified form, the preserver of the system. By no other device, nor in any other form, could the high functions appertaining to this character, be safely and efficiently discharged — and by none other could the system be preserved. It is, when properly understood, the vis medicatrix of the system — its great repairing, healing, and conservative power — intended to remedy its disorders, in whatever cause or causes originating; whether in the original errors or defects of the constitution itself — or the operation of time and change of circumstances, or in conflicts between its parts — including those between the co-ordinate governments. By it alone, can the equilibrium of the various powers and divisions of the system be preserved; as by it alone, can the stronger be prevented from encroaching on, and finally absorbing the weaker. For this purpose, it is, as has been shown, entirely safe and all-sufficient. In performing its high functions, it acts, not as a judicial power, but in the far more elevated and authoritative character of an amending power — the only one in which it can be called into action at all. In this character, it can amend the constitution, by modifying its existing provisions — or, in case of a disputed power, whether it be between the federal government
