Controversial Books | Page 512

490 Interpreting and Preserving the Constitution he has firmly made up his mind that the proposed law is not within the powers of the general government, he may and he ought to vote against it, notwithstanding [that] an opinion to the contrary has been pronounced by the Supreme Court. It is true that he may very probably yield up his preconceived opinions in deference to that of the Court, because it is the tribunal especially constituted to decide the questions in all cases wherein it may arise, and from its organization and character is peculiarly fitted for such inquiries. But if a member of Congress, or the President, when acting in his Legislative capacity, has, upon mature consideration, made up his mind that the proposed law is a violation of the Constitution he has sworn to support, and that the Supreme Court had in that respect fallen into error, it is not only his right but his duty to refuse to aid in the passage of the proposed law. And this is all the President has said, and there was nothing new in this. For that principle was asserted and acted upon [by Jefferson] in relation to the memorable Sedition Law. That Law had been held to be constitutional by every Justice of the Supreme Court before whom it had come at circuit, and several persons had been punished by fine and imprisonment for offending against it. Yet a majority in Congress refused to continue the law, avowedly upon the ground that they bel