The Sovereign States: Notes of a Citizen of Virginia

By James Jackson Kilpatrick | Go to book overview

tious course if there were reason to believe that an appeal would be taken, as from a ruling of the chair, to the source of ultimate sovereignty. Yet the States themselves, for their part, it may be imagined, seldom would risk an immediate and decisive rebuke by their brethren for interposing on light or unwarranted grounds. Year after year, it would be supposed, the States would accept the interpretations placed upon their Constitution by the Court, and would acquiesce without objection in the acts of Congress; indeed, for the past half-century, they have done so with few exceptions.

The object must be to preserve in the hands of the people, which is to say in the people of the States, some effective power that may be utilized, in great and extraordinary instances, by which an asserted usurpation of power may be checked, suspended, and submitted for decision to the principals in the constitutional compact. John Calhoun, building upon the foundation of Madison and Jefferson, offered a means by which that object may be attained. His adversaries have offered nothing.


13
The Personal Liberty Laws

WE MAY now resume, may it please the court, a discussion of those instances of particular State interposition, by which it may be discerned that every portion of this Union, at some point in its history, has recognized the imperative necessity of a State veto upon acts of the Federal government.

In commencing this section, it ought not to be necessary to make one disavowal:138 The author of these notes utterly disclaims any affection or admiration for the detestable institution

-199-

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The Sovereign States: Notes of a Citizen of Virginia
Table of contents

Table of contents

  • Title Page iii
  • Preface v
  • Contents vii
  • Introduction ix
  • Part 1 - The Sovereign States 1
  • 3 - The Articles of Confederation 8
  • 4 - "We the People" 10
  • 5 - The States in the Constitution 13
  • 6 - The Prophetic Mr. Henry 18
  • 7 - The States Ratify 28
  • Part 2 - The Right to Interpose 49
  • 3 - Debt Assumption 53
  • 4 - The Kentucky and Virginia Resolutions 58
  • 5 - Mr. Madison's Report of 1799 62
  • Part 3 - The States Fight Back * 99
  • 1 - The Olmstead Case 101
  • 3 - The Embargo Crisis 118
  • 4 - Matters of the Militia 132
  • 6 - The Hartford Convention 136
  • 7 - The Bank of the United States 139
  • 8 - Internal Improvements 144
  • 9 - Kentucky Vs. the Court 158
  • 10 - Georgia Vs. the Court 161
  • 11 - Calhoun and Nullification 174
  • 12 - The Case for Nullification 186
  • 14 - The Obligation of Contracts 199
  • 15 - After the War 216
  • 16- The Reconstruction Cases 222
  • 17 - The Commerce Clause (commenced) 231
  • 18 - Interlude in a Speakeasy 242
  • Part 4 - The States Today 253
  • 1 - The Southern States 255
  • 3 - Some Notes on Police Power 258
  • 4 - The Transcendent Issue 277
  • Notes 309
  • Table of Cases and Index 331
  • Table of Cases 333
  • Index 337
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