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Updated: May 9, 2025
After demolishing Breckinridge's position touching the alleged Unconstitutionality of the measure, and characterizing his other utterances as "reproof, malediction, and prediction combined," the Patriot from the Far-West turned with rising voice and flashing eye upon the gloomy Kentuckian: "I would ask him," said he, "what would you have us do now a Confederate Army within twenty miles of us, advancing, or threatening to advance, to overwhelm your Government; to shake the pillars of the Union, to bring it around your head, if you stay here, in ruins?
To the House of Representatives: I have the honor to submit copies of the correspondence and other documents called for by the resolution of the House of Representatives of the 2d February. I am not informed of the existence of any official opinion of the late Judge Johnson on the unconstitutionality of the act or acts of the State of South Carolina upon the subject referred to in the resolution.
The inherent right in the people to reform their government I do not deny; and they have another right, and that is, to resist unconstitutional laws, without overturning the government. It is no doctrine of mine that unconstitutional laws bind the people. The great question is, Whose prerogative is it to decide on the constitutionality or unconstitutionality of the laws?
But nothing daunted by the existence of this obstacle at the threshold of public service, the most notorious rebels sought election to the Senate and House, boasting that they would prove the unconstitutionality of the Ironclad oath, and demand their seats.
Governor Percival W. Clement vetoed it in March on the ground of unconstitutionality, though eight Legislatures had passed a similar bill without question and Illinois women had voted under one in 1916. The State suffrage convention was in session at Burlington and immediately on its adjournment March 12 Mrs.
These objections, which had entirely satisfied my own mind of the great impolicy, if not unconstitutionality, of the measure, were presented in the most respectful and even deferential terms.
Yet as late as 1800 we find Justice Samuel Chase of Maryland, who had succeeded Blair in 1795, expressing skepticism as to the right of the Court to disallow acts of Congress on the ground of their unconstitutionality, though at the same time admitting that the prevailing opinion among bench and bar supported the claim. * 2 Dallas, 419. Ware vs. Hylton, 3 ib., 199. * See 2 Dallas, 409. Hylton vs.
These Resolutions protested against the unconstitutionality of the Federal Government in exiling foreigners, and curbing the liberty of the press, in arrogating to itself the rights of the States, and assuming the prerogatives of an absolute monarchy.
The repeal in terms of a statute, which was already obsolete and also null for unconstitutionality, could have no influence to obstruct or to promote the propagation of conflicting views of political or social institution.
Without actually bringing the charge of unconstitutionality against this measure, the President declared "that Congress is bound to observe the letter and spirit of the Constitution, as well in the enactment of local laws for the Seat of Government, as in legislation common to the entire Union."
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