The next clause, "to negative all laws passed by the several states, contravening, in the opinion of the national legislature, the Articles of Union, or any treaties subsisting under the authority of the Union," was then taken up.
Mr. GOUVERNEUR MORRIS opposed this power as likely to be terrible to the states, and not necessary if sufficient legislative authority should be given to the general government.
Mr. SHERMAN thought it unnecessary, as the courts of the states would not consider as valid any law contravening the authority of the Union, and which the legislature would wish to be negatived.
Mr. L. MARTIN considered the power as improper and inadmissible. Shall all the laws of the states be sent up to the general legislature before they shall be permitted to operate?
Mr. MADISON considered the negative on the laws of the states as essential to the efficacy and security of the general government. The necessity of a general government proceeds from the propensity of the states to pursue their particular interests, in opposition to the general interest. This propensity will continue to disturb the system unless effectually controlled. Nothing short of a negative on their laws will control it. They will pass laws which will accomplish their injurious objects before they can be repealed by the general legislature, or set aside by the national tribunals. Confidence cannot be put in the state tribunals as guardians of the national authority and interests. In all the states, these are more or less dependent on the legislatures. In Georgia, they are appointed annually by the legislature. In Rhode Island, the judges who refused to execute an unconstitutional law were displaced; and others substituted, by the legislature, who would be the willing instruments of the wicked and arbitrary plans of their masters. A power of negativing the improper laws of the states is at once the most mild and certain means of pre serving the harmony of the system. Its utility is sufficiently displayed in the British system. Nothing could maintain the harmony and subordination of the various parts of the empire, but the prerogative by which the crown stifles in the birth every act of every part tending to discord or encroachment. It is true, the prerogative is sometimes misapplied, through ignorance, or partiality to one particular part of the empire; but we have not the same reason to fear such misapplications in our system. As to the sending all laws up to the national legislature, that might be rendered unnecessary by some emanation of the power into the states, so far at least as to give a temporary effect to laws of immediate necessity.
Mr. GOUVERNEUR MORRIS was more and more opposed to the negative. The proposal of it would disgust all the states. A law that ought to be negatived will be set aside in the judiciary department, and, if that security should fail, may be repealed by a national law.
Mr. SHERMAN. Such a power involves a wrong principle—to
vol. v.41
