Inferences, Analogies, and Sophisms

Time and changes in the condition and constitution of society may require occasional and corresponding modifications. One single object, if your provision attains it, will entitle you to the endless gratitude of society, that of restraining judges from usurping legislation. And with no body of men is this restraint more wanting than with the judges […]

A Political Paradox

It is certainly not a little remarkable, that what has been so often asserted to be impossible,—for a State to be both in and out of the Union at the same time,—so far from being true, is the very reverse,—the only true and constitutional position of a State being precisely that which the argument supposes to be impossible. A State is at all times, so long as its proper position is maintained, both in and out of the Union ;—in, for all constitutional purposes,— and out, for all others […]

The Government of the United States is a Compact Between the Sovereign Members Who Formed It

One of the fruitful sources, as I hold it, of the errors which prevail in our country, is the theory that this is a government of one people; that the government of the United States was formed by a mass; and therefore it is taken that all are responsible for the institutions and policies of […]

Limited by the Plain Sense and Intention of the Instrument

From the Virginia Report of 1799: That this Assembly doth explicitly and peremptorily declare, that it views the powers of the Federal Government, as resulting from the compact, to which the states are parties, as limited by the plain sense and intention of the instrument constituting that compact; as no farther valid than they are […]