Jump to content

Page:Federalist, Dawson edition, 1863.djvu/350

From Wikisource
This page has been validated.
206
The Fœderalist.

formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify. The propriety of a law, in a constitutional light, must always be determined by the nature of the powers upon which it is founded. Suppose, by some forced constructions of its authority, (which indeed cannot easily be imagined,) the Fœderal Legislature should attempt to vary the law of descent in any State; would it not be evident, that in making such an attempt, it had exceeded its jurisdiction, and infringed upon that of the State? Suppose, again, that upon the pretence of an interference with its revenues, it should undertake to abrogate a land-tax imposed by the authority of a State; would it not be equally evident, that this was an invasion of that concurrent jurisdiction in respect to this species of tax, which its Constitution plainly supposes to exist in the State Governments? If there ever should be a doubt on this head, the credit of it will be entirely due to those reasoners, who in the imprudent zeal of their animosity to the Plan of the Convention, have labored to envelop it in a cloud, calculated to obscure the plainest and simplest truths.

But it is said, that the laws of the Union are to be the supreme law of the land. But what inference can be drawn from this, or what would they amount to, if they were not to be supreme? It is evident they would amount to nothing. A law, by the very meaning of the term, includes supremacy. It is a rule, which those to whom it is prescribed are bound to observe. This results from every political association. If individuals enter into a state of society, the laws of that society must be the supreme regulator of their conduct. If a number of political societies enter into a larger political society, the laws which the latter may enact, pursuant to the powers intrusted to it by its Constitution, must