IN WHAT RESPECTS THE FEDERAL CONSTITUTION IS SUPERIOR TO THAT OF THE STATES.
In what respects the Constitution of the Union can be compared to that of the States.—Superiority of the Constitution of the Union attributable to the wisdom of the Federal legislators.—Legislature of the Union less dependent on the people than that of the States.—Executive power more independent in its sphere.—Judicial power less subjected to the inclinations of the majority.—Practical consequence of these facts.—The dangers inherent in a democratic government eluded by the Federal legislators, and increased by the legislators of the States.
The Federal Constitution differs essentially from that of the States in the ends which it is intended to accomplish; but in the means by which these ends are promoted, a greater analogy exists between them. The objects of the Governments are different, but their forms are the same; and in this special point of view there is some advantage in comparing them together.
I am of opinion that the Federal Constitution is superior to all the Constitutions of the States, for several reasons.
The present Constitution of the Union was formed at a later period that those of the majority of the States, and it may have derived some ameliorations from past experience. But we shall be led to acknowledge that this is only a secondary cause of its superiority, when we recollect that eleven new States have been added to the American Confederation