8125. STATE RIGHTS, Congress and.—
Can it be thought that the Constitution intended
that for a shade or two of convenience,
more or less, Congress should be authorized
to break down the most ancient and
fundmental laws of the several States;
such as those against Mortmain, the laws of
Alienage, the rules of Descent, the acts of
Distribution, the laws of Escheat and Forfeiture,
the laws of Monopoly? Nothing but
a necessity invincible by any other means, can
justify such a prostitution of laws, which
constitute the pillars of our whole system of
jurisprudence. Will Congress be too straightlaced
to carry the Constitution into honest
effect, unless they may pass over the foundation-laws
of the State government for the
slightest convenience of theirs?—
National Bank Opinion. Washington ed. vii, 560.
Ford ed., v, 289.
(1791)
See Bank (U. S.),
Constitutionality of.
