the United States, which shall be made in pursuance thereof, and all treaties, made, or which shall be made under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby; any thing in the Constitution, or laws of any state to the contrary notwithstanding.

§ 416. The necessity of this provision is obvious enough. If the Constitution were not the supreme law of the land it would not be a Constitution; it would be a nullity: its supremacy makes a part of the instrument itself; yet it was necessary to declare it, in order that all might understand it, and no room be left for controversy. Treaties are supreme laws till repealed by the legislature of the nation: the legislature has such power, though war may be the consequence of its exercise.1 Treaties are compacts with foreign nations, and must be observed, or the national faith is violated.

§ 417. The laws of the United States, if made in pursuance of the Constitution, are as valid as the Constitution, and of course also the supreme law. To these provisions it is added, "any thing in the Constitution, or laws of any state to the contrary notwithstanding." This clause gave no additional force to the foregoing provisions, but made them clearer to those who administer the laws. Another thing clearly appears from the whole clause, that the Constitution makes the national government supreme over the state constitution and laws in all cases in which they may come in conflict.

As the Constitution is thus supreme, every court has the power to declare unconstitutional laws void, when properly before them.2

§ 418. 3d clause. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by an oath, or affirmation, to support this Consti12 Cranch, 1; 3 Story's Comm. 695.

21 Kent's Comm. 420.

tution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

§ 419. This oath is required in all civilized nations from the officers of government; it is the most solemn obligation men can be placed under, and it is right to require it of them in a class of duties as important as any that can be performed in a social state. It is to be remarked, that this oath is required of all state, as well as national officers; for the agency of state officers is required to carry on the national government, and they are accordingly required to give their obligations to perform it.

§ 420. In June, 1789, Congress passed an act1 prescribing the time and manner of taking the oath or affirmation, as well by the officers of the several states as of the United States. Some doubts were entertained of its constitutionality, but it was approved, and no doubt is now had upon it.2

§ 421. The clause which enacts that no religious test shall ever be required for any office of trust or profit, is one of the most peculiar, as well as valuable parts of the Constitution. This is believed to be the only government in the world which permitted perfect toleration, and the experience of half a century has proved that it offers no hindrance to any, while it affords protection to all religious sects. While this exists, there can be no union of Church and State,—a union fatal to both, and dasastrous to the welfare of the people. Yet Christianity flourishes and extends in the United States with the growth of the people, and the very emulation of the different sects contributes to the prosperity of the whole.

1 Act 1st June, 1789.

24 Elliott's Debates, 139; 4 Wheaton's Rep. 415.

ARTICLE VII.

§ 422. The ratification of the conventions of nine states shall be sufficient for the establishment of this Constitution between the states so ratifying the same.

At the formation of the Constitution, there were thirteen states; nine of these ratified it immediately, three after the lapse of few months, and the state of Rhode Island not till more than a year afterward. The instrument was, however, perfect by the ratification of nine, and if the others had not acceded, they would have stood in the relation to them of foreign nations. Since that period, eleven others have joined the union, and the whole form one great nation under a common government.

AMENDMENTS.

§ 423. Upon the adoption of the Constitution, strong objections were made to it on account of some supposed deficiencies. Among others, the want of a Bill of Rights was strongly urged, to which it was justly replied, that the Constitution itself was a bill of rights. The people, in their conventions, however, finally thought best to accede to the Constitution, and urge upon Congress the proposal of several amendments. Accordingly, the amendments we have already mentioned, those following, and some that were not adopted, were recommended by many of the states to Congress, and by Congress to the people.

AMENDMENT I.

§ 424. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

The first clause was undoubtedly meant to prohibit Congress from interfering in any manner between different sects of Christianity, and not to encourage any other religion. For nearly all the old states had laws for the encouragement of religion; at the same time, Congress has no power to do the slightest positive act to sustain or prohibit any religion whatever. subject upon which they are forbidden to legislate. In this respect the United States Constitution is wholly unlike any other ever formed. It derives no aid from its connexion with religion, but leaves that to be settled by conscience and its God.

It is a

§ 425. The next clause is, that Congress shall make no law abridging the freedom of speech or of the press. What is the freedom of speech and of the press? It is the right to speak and publish every thing in relation to every subject, which is not in derogation of private rights. No one has a right to injure his neighbor: this is the first law of society, and everywhere preserved in the civil state; of consequence, no one has a right to speak or publish what will injure another; hence the law of slander and of libel. Within these limits it is not perceived that there is any restraint upon the liberty either of speech or of the press.

§ 426. The next clause is, the people shall have the right peaceably to assemble and petition for a redress of grievances. This seems to have been altogether a work of supererogation; for the right of the people to assemble, either to petition, or for any other purpose, arises necessarily from the form of government.

AMENDMENT II.

$427. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

The term militia is a Latin word, and signifies the being a soldier. In our country it is applied only to that

1

species of soldiery which is composed wholly of enrolled citizens, held ready for service, but not actually under arms. It is scarcely necessary to say, that the right of the people thus to bear arms is the foundation of their liberties; for, without it, they would be without any power of resistance against the existing government.

AMENDMENT III.

§ 428. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

It was an easy mode of oppression, with arbitrary princes, to quarter soldiers upon the people, so that they ate out their substance and ill treated their families. It was to prevent the possibility of such scenes in this country that this provision was inserted in the Constitution.

AMENDMENT IV.

§ 429. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue but upon probable cause, supported by oath, or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Special warrants, such as here described, are the only warrants upon which an arrest can be made according to the law of England. This provision, therefore, was in affirmance of the Common Law, and introduced into the Constitution for more abundant caution.

§ 430. Amendments 5th, 6th, and 7th, in relation to the trial by jury, and the mode of indictment, we have already considered in connexion with another part of the Constitution.

§ 431. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted..

13 Burrow's Rep. 1743; 4 Blackstone's Comm. 291, 292.