Spencer Roane

“ But the decision before us, finds no support from any statute; and is adopted in the most prosperous epoch of our existence, as a nation. It professes to give a true exposition of the constitution, and does not deign to seek a shelter under the pressure of any circumstances. It can only be accounted for, from that love of power, which all history informs us infects and corrupts all who possess it, and from which even the high and ermined judges, themselves, are not exempted.
It is of no account, that the judgment in question was rendered for the state of Virginia. ”

“ That state is a non-entity, as a sovereign power, the decisions of whose courts are subjected to such a revision. It is an anomaly in the science of government, that the courts of one independent government, are to control and reverse the judgments of the courts of another. The barriers and boundaries between the powers of two sovereign and independent governments, are so high and so strong, as to defy the jurisdiction, justly claimed by a superior court, over the judgments of such as are inferior. ”

“ This assumption of power is the less excusable, too, fellow-citizens, because no government under Heaven, has provided so amply as ours, for necessary amendments of the constitution, by the legitimate power of the people. This decision also touches the sovereignty of the states, in another very tender point. It nullifies a statute made by one of them, to promote the morality of her people. It does this at the instance of the petty corporation of the city of Washington, and the statute of Virginia is made to yield, to an ordinance of the Common II all of that city. ”

“ They seem to have forgotton what all history teaches us, that power is an encroaching thing, and that all men who possess it, will “feel it, and forget right.” They seem to have forgotten that liberty can only be preserved by frequent elections as to two of the departments of government, and by checks and limitations judiciously applied, to the third. They seem to have claimed an exemption from the restrictions of the constitution, by the unlimited right they have usurped, to alter the constitution as they please. ”

“ While it is profuse as we shall see in ascribing the most unworthy motives, to other governments, and other departments, it arrogates to itself a degree of purity scarcely equalled by the white ermine with which it is invested. It challenges a degree of infallibility scarcely claimed by the arrogant pretentions of the former Popes of Rome. There is but one higher grade in this climax of arrogance and absurdity, and that is, to claim to hold its powers by divine authority, and in utter contempt of the sovereign power of the people. ”

“ It is indeed, to be regretted, that these high judges, have abandoned the practice of giving, each, their own opinions. That is well known to be one of the chief guarantees of the integrity and independence of the judges. ”

“ It claims this right in the teeth of the eleventh amendment to the constitution, and of the enumeration contained in the third article of the original constitution, which specified the cases in which the states consented to be sued, in the federal court, and in which specification, the present case is not included. It claims it, also, in defiance of the tenth amendment to the constitution, which provides, that powers not delegated to the United States by the constitution, shall be deemed to be reserved to the several states. ”

“ They have retained, entirely to themselves many important powers, and have refused to delegate them to any government. The powers actually delegated, have been also divided between two governments, and again sub-divided be. tween the different departments of each government. This division and limitation of the granted powers, and the checks necessarily resulting therefrom, forms the only security of our liberties. Without these checks the balance of power would always incline in favor of the strongest government, or the strongest department of each government. ”