there can be no other. If a rightful subordinate becomes extinct, whether by right or by wrong, the general government again becomes exclusive till a new subordinate may rightfully resume the place. CHAPTER V. THE ENACTMENT. § 48. THE Constitution having thus described the agent, the people, the power that acts in this matter; and the nation, the United States, the people themselves in fact, on whose account, and for whose benefit they act,-it is proper that we next consider the authoritative action itself, which is there expressed by the words "ordain and establish." These words are of commanding or law-giving force,―mandatory in their nature. Under the Confederation, the Acts of Congress were styled" ordinances." The words are used in the Constitution, in other instances, in the same sense. They mean to legislate, enact, or decree. Congress, the legislative or law-making power under the Constitution, may "establish" rules and laws, post-offices and post-roads, by making or enacting laws, not otherwise. Offices are to be "established" by law. They may "constitute tribunals" in the same way; which is the same power given in another place, to "ordain and establish" courts. All these are done by enacting laws. So the people, having the sole and absolute right and power to prescribe the rule and govern the land, "ordain and establish," enact and decree, and give authority and perpetuity to this fundamental and supreme law. When it is thus "ordained," it has all the force and efficacy which such ultimate right and power can confer, without appeal or other resort. When it is ee established" in the same manner, it is as permanently fixed and settled as human power can make it. So the "Constitution of the United States," with its avowed purposes and objects, is the " ୧୧ supreme law" of the nation, adequately enjoined and "ordained," and permanently "established" by the "people" thereof. Esto perpetua. THIS CONSTITUTION. § 49. After the action comes the subject-matter, the thing done,-"this Constitution," with its character and purposes. The word "this" makes it perfectly definite and inclusive. We have already noticed, that it is not, as in the original draft, "the following Constitution," or "a Constitution in manner and form following," thus excluding this enacting clause. But it is ee this," ipsissimus, this whole instrument definitely, including this governing clause and all the rest. The entire instrument and all its parts is "this Constitution." A Constitution is a fundamental law, constituting, or instituting and ... establishing, an authority or agency for the accomplishment of certain specified purposes. What does "this Constitution for the United States" do? Certainly it constitutes, or it institutes and establishes, an authority or agency for the express purpose, or " in order to" accomplish certain specified things. These things are the regular business, the appropriate duties, of a government, -"a firm national government, . . . adequate to the exigencies of government and the preservation of the Union." They are what nothing but a government can do. "They comprise," said Chief Justice Jay, "every thing requisite, with the blessing of divine providence, to render a people prosperous and happy;" and include all that any legitimate government can be required, or ought to be expected, to do. The authority and agency so established is therefore proved to be a government, by the subjects and duties assigned to it. They are all in the line of the duties of a government exclusively, require the supreme power and authority of a government, and involve the necessity of a perfect and entire government, co-extensive with the expressed purposes and designs. § 50. When the American people expressly avow such designs, as their true intention in the establishment of their government, and authoritatively ordain and establish it on that account and for that purpose, they most imperatively prescribe the duty of that government to pur sue and promote them. The prescribed duty of the government is the measure and end of their power. These objects and purposes, as here specified, are a mere paraphrase or substitute for the words used by Congress in calling the convention to form a "firm national government, adequate to the exigencies of government and the preservation of the Union." Again, that the "Constitution" was designed to be a constitution of government for the United States, is manifest from the fact, that in the sequel they proceed to organize such a government, in detail, dividing it into appropriate departments, and assigning to each such portion of the duties of such a government as properly come within its sphere. Besides, the agency thus " ordained and established" by the "people of the United States" is repeatedly called, in divers places on the face of the instrument," the government of the United States," in express terms.1 1 Chief Justice Ellsworth said, in the Connecticut convention (2 Elliot, 190): "The Constitution is a complete system of legislative, judicial, and executive power; . . . and it will be found calculated to answer the purposes for which it was designed." Washington wrote, Feb. 7, 1788: "With regard to the two great points, the pivots on which the whole machine must move, my creed is simply, First, that the general government is not invested with more powers than are indispensably necessary to perform the functions of good government; and, consequently, that no objection ought to be made against the quantity of power delegated to it. Secondly, that these powers, as the appointment of all rulers will for ever arise from, and at short, stated intervals recur to, the free suffrages of the people, are so distributed among the legislative, executive, and judicial branches into which the general government is arranged, that it can never be in danger of degenerating into a monarchy or oligarchy, or any other despotic or oppressive form, so long as there shall remain any virtue in the body |