Had this last method, therefore,
been pursued by the convention, every objection now urged against their
plan would remain in all its plausibility; and the real inconveniency
would be incurred of not removing a pretext which may be seized on
critical occasions for drawing into question the essential powers of the
Union.
If it be asked what is to be the consequence, in case the Congress shall
misconstrue this part of the Constitution, and exercise powers not
warranted by its true meaning, I answer, the same as if they should
misconstrue or enlarge any other power vested in them; as if the general
power had been reduced to particulars, and any one of these were to be
violated; the same, in short, as if the State legislatures should
violate the irrespective constitutional authorities. In the first
instance, the success of the usurpation will depend on the executive and
judiciary departments, which are to expound and give effect to the
legislative acts; and in the last resort a remedy must be obtained from
the people who can, by the election of more faithful representatives,
annul the acts of the usurpers. The truth is, that this ultimate redress
may be more confided in against unconstitutional acts of the federal
than of the State legislatures, for this plain reason, that as every
such act of the former will be an invasion of the rights of the latter,
these will be ever ready to mark the innovation, to sound the alarm to
the people, and to exert their local influence in effecting a change of
federal representatives.
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