Alexander Hamilton Quotes
A treaty cannot be made which alters the Constitution of the country, or which infringes and express exceptions to the power of the Constitution.
Hamilton, Alexander. "The Defence No. XXXVI, [2 January 1796]." The Papers of Alexander Hamilton, vol. 20, edited by Harold C. Syrett, Columbia UP, 1974, p. 6.
One of the conundrums of our constitutional system is who has the last word as to what the Constitution means. Essentially it is the judicial branch headed by the Supreme Court. But there are those who believe that the current popular majority should have a say in what is or is not constitutional. If so the legislative branch should have the last word. Still others say that the President is the only person elected by ALL the people, so his opinion most reflects the will of the public. And then there are most who argue that the Constitutional system was created just to avoid the power of currently popular majorities, and the courts should decide based on the Constitution itself. So the statement has very little meaning except that Phillips thinks that the courts have too much power. Whoever gets to decide what is or is not Constitutional will be accused of being “over” the Constitution by those who don’t like the decisions. In our system, that is the courts.
The major phrase was first used in a dissent by Justice Robert Houghwout Jackson in 1949 {633526} and later by Chief Justice Earl Warren {601702}
Soon after Jackson's reelection, delegates from South Carolina, led by John C. Calhoun, moved quickly to declare "null, void, and no law" the Tariff Act of 1832. The president's reaction to the Ordinance of Nullification was swift.
This constitutional interpretation is what has caused many conservative Americans to generally oppose treaties and trade pacts. They claim that U. S. sovereignty is whittled away whenever a treaty is signed. And a treaty can possibly not only nullify state law in some instances, but prevent a state from legislating in a given area. The number of treaties and international agreements that American Presidents have signed but Congress would not ratify is quite large.
This is a classic type of fallacious political logic. The author claims that there are no powers in the constitution to make laws in a number of important areas of our society. What is true, is that there is no explicitly and uniquely specified statements in the Constitution regarding the areas he specified (and some he didn’t like education). However the power to make laws in these areas comes from the “Commerce Clause” where the Federal Government was given the power to regulate Interstate Commerce. And that is what the Federal Government does make laws about. Food that is sold in the state where it is grown is regulated by the states. But interstate agriculture is. Medicines and weapons are also sold and transported in interstate commerce. Even housing is in part covered as financing and mortgages, building materials, working conditions of the building companies are part of Interstate Commerce. A succession of Congresses have recognized this and so has every Supreme Court in our history. McManus however believes that all these legislators and judges have been wrong and worse, part of a conspiracy to subvert the Constitution. See {630683} for his tendency to see conspiracies in politics.
In a 1949 dissenting opinion in Terminiello v. Chicago Jackson claimed the majority view would “convert the Bill of Rights into a suicide pact.”
When people see the process as unfair and insensitive to minority rights and issues— rammed through by one group which wants to dictate how the rest should live, they never even reach the point of considering carefully the actual language and making compromises with that. They just oppose the constitution in toto usually by finding the 2 or 3 most egregious clauses and harping on those with no attempt to improve them and rejecting the entire constitution.
The president was asked if he supported the Supreme court's school desegregation decision:
Alexander Hamilton was an American statesman, politician, legal scholar, military commander, lawyer, banker, and economist. He was one of the Founding Fathers of the United States. He was an influential interpreter and promoter of the U.S. Constitution, as well as the founder of the nation's financial system, the Federalist Party, the United States Coast Guard, and the New York Post newspaper. As the first secretary of the treasury, Hamilton was the main author of the economic policies of George Washington's administration. He took the lead in the federal government's funding of the states' debts, as well as establishing the nation's first two de facto central banks, the Bank of North America and the First Bank of the United States, a system of tariffs, and friendly trade relations with Britain. His vision included a strong central government led by a vigorous executive branch, a strong commercial economy, government-controlled banks, support for manufacturing, and a strong military.
