The general government, though limited as to its objects, is supreme with
respect to those objects. This principle is a part of the Constitution;
and if there be any who deny its necessity, none can deny its authority.
To this supreme government, ample powers are confided; and if it were possible to doubt the great purposes for which they were so confided, the people of the United States have declared that they are given "in order to form a more perfect union, establish justice, ensure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to themselves and their posterity."
With the ample powers confided to this supreme government, for these
interesting purposes, are connected many express and important limitations on
the sovereignty of the states which are made for the same purposes. The
powers of the Union, on the great subjects of war, peace, and commerce, and on
many others, are in themselves limitations of the sovereignty of
the states; but, in addition to these, the sovereignty of the states is
surrendered, in many instances, where the surrender can only operate to the
benefit of the people, and where, perhaps, no other power is conferred on
Congress than a conservative power to maintain the principles established
in the Constitution. The maintenance of these principles in their purity
is certainly among the great duties of the government.
One of the instruments by which this duty may be peaceably performed is
the Judicial Department. It is authorized to decide all cases of every
description arising under the Constitution or laws of the United States.
From this general grant of jurisdiction, no exception is made of those cases
in which a state may be a party. When we consider the situation of the
government of the Union and of a state, in relation to each other; the
nature of our Constitution; the subordination of the state governments to
that Constitution; the great purpose for which jurisdiction over all cases
arising under the Constitution and laws of the United States is confided
to the Judicial Department, are we at liberty to insert in this general
grant an exception of those cases in which a state may be a party? Will
the spirit of the Constitution justify this attempt to control its words?
We think it will not. We think a case arising under the Constitution or
laws of the United States is cognizable in the courts of the Union, whoever
may be the parties to that case.
The Constitution gave to every person having a claim upon a state a right
to submit his case to the Court of the nation. However unimportant his
claim might be, however little the community might be interested in its
decision, the framers of our Constitution thought it necessary, for the
purposes of justice, to provide a tribunal as superior to influence as
possible in which that claim might be decided.
The judicial power of every well-constituted government must be
coextensive with the legislative, and
must be capable of deciding every judicial question which grows out of
the Constitution and laws.
In many states, the judges are dependent for office and for salary on the
will of the legislature. The Constitution of the United States furnishes
no security against the universal adoption of this principle. When we
observe the importance which that Constitution attaches to the independence
of judges, we are the less inclined to suppose that it can have intended
to leave these constitutional questions to tribunals where this in
dependence may not exist, in all cases where a state shall prosecute an
individual who claims the protection of an act of Congress. These prosecutions
may take place even without a legislative act. A person making a seizure
under an act of Congress may be indicted as a trespasser if force has
been employed, and of this a jury may judge. How extensive may be the
mischief if the first decisions in such cases should be final!
A constitution is framed for ages to come, and is designed to approach
immortality as nearly as human institutions can approach it. Its course
cannot always he tranquil. It is exposed to storms and tempests, and its
framers must be unwise statesmen indeed if they have not provided it, so far
as its nature will permit, with the means of self preservation from the
perils it may be destined to encounter. No government ought to be so
defective in its organization as not to contain within itself the means of
securing the execution of its own laws against other dangers than those
which occur every day. Courts of Justice are the means most usually employed;
and it is reasonable to expect that a government should repose on its
own courts rather than on others.
It is very true that whenever hostility to the existing system shall
become universal, it will be also irresistible. The people made the
Constitution, and the people can unmake it. It is the creature of their will,
and lives only by their will. But this supreme and irresistible power to make or to
unmake resides only in the whole body of the people, not in any
subdivision of them. The attempt of any of the parts to exercise it is
usurpation and ought to be repelled by those to whom the people have
delegated their power of repelling it.
The acknowledged inability of the government, then, to sustain itself
against the public will and, by force or otherwise, to control the whole
nation is no sound argument in support of its constitutional inability to
preserve itself against a section of the Nation acting in opposition to the
That the United States form, for many and for most important purposes, a single nation has not yet been denied. In war, we are one people. In making peace, we are one people. In all commercial regulations, we are one and the same people. In many other respects, the American people are one; and the government which is alone capable of controlling and managing their interests in all these respects is the government of the Union. It is their government, and, in that character, they have no other. America has chosen to be, in many respects and to many purposes, a nation; and for all these purposes her government is complete; to all these objects, it is competent. The people have declared that in the exercise of all powers given for these objects it is supreme. It can, then, in effecting these objects, legitimately control all individuals or governments within the American territory. The constitution and laws of a state, so far as they are repugnant to the Constitution and laws of the United States, are absolutely void. These states are constituent parts of the United States; they are members of one great empire—for some purposes sovereign, for some purposes subordinate.
In a government so constituted, is it unreasonable that the judicial
power should be competent to give efficacy to the constitutional laws of the
legislature? That department can decide on the validity of the
Constitution or law of a state if it be repugnant to the Constitution or to a
law of the United States. Is it unreasonable that it should also be empowered
to decide on the judgment of a state tribunal enforcing such
unconstitutional law? Is it so very unreasonable as to furnish a justification
for controlling the words of the Constitution?
We think it is not. We think that in a government, acknowledgedly supreme,
with respect to objects of vital interest to the nation, there is
nothing inconsistent with sound reason, nothing incompatible with the nature
of government, in making all its departments supreme, so far as respects
those objects and so far as is necessary to their attainment. The exercise
of the appellate power over those judgments of the state tribunals which
may contravene the Constitution or laws of the United States is, we
believe, essential to the attainment of those objects.