This, then, Sir, is declared to be a constitution.  A constitution is the fundamental law of the state; and this is expressly declared to be the supreme law.  It is as if the people had said, “We prescribe this fundamental law,” or “this supreme law,” for they do say that they establish this Constitution, and that it shall be the supreme law.  They say that they ordain and establish it.  Now, Sir, what is the common application of these words?  We do not speak of ordaining leagues and compacts.  If this was intended to be a compact or league, and the States to be parties to it, why was it not so said?  Why is there found no one expression in the whole instrument indicating such intent?  The old Confederation was expressly called a league, and into this league it was declared that the States, as States, severally entered.  Why was not similar language used in the Constitution, if a similar intention had existed?  Why was it not said, “the States enter into this new league,” “the States form this new confederation,” or “the States agree to this new compact”?  Or why was it not said, in the language of the gentleman’s resolution, that the people of the several States acceded to this compact in their sovereign capacities?  What reason is there for supposing that the framers of the Constitution rejected expressions appropriate to their own meaning, and adopted others wholly at war with that meaning?

Again, Sir, the Constitution speaks of that political system which is established as “the government of the United States.”  Is it not doing strange violence to language to call a league or a compact between sovereign powers a government?  The government of a state is that organization in which the political power resides.  It is the political being created by the constitution or fundamental law.  The broad and clear difference between a government and a league or compact is, that a government is a body politic; it has a will of its own; and it possesses powers and faculties to execute its own purposes.  Every compact looks to some power to enforce its stipulations.  Even in a compact between sovereign communities, there always exists this ultimate reference to a power to insure its execution; although, in such case, this power is but the force of one party against the force of another; that is to say, the power of war.  But a government executes its decisions by its own supreme authority.  Its use of force in compelling obedience to its own enactments is not war.  It contemplates no opposing party having a right of resistance.  It rests on its own power to enforce its own will; and when it ceases to possess this power, it is no longer a government.