Gavin Howe
In his first address to the Senate, William Henry Seward made one of the most significant speeches in the history of the Senate, known as the Higher Law speech. In it, he stated that there is a higher law than the Constitution. This speech immediately established Seward as a major national anti-slavery leader. He argued that the new territory was governed by a higher law than the Constitution – a moral law established by the Creator of the universe. Seward's arguments were supported by authorities such as Edmund Burke, Montesquieu, and Machiavelli.
| Characteristics | Values |
|---|---|
| Speaker | William Henry Seward |
| Known as | "Higher Law" speech |
| Date | March 11, 1850 |
| Location | Senate floor |
| Position on slavery | Anti-slavery |
| Main argument | The new territory was governed by a "higher law than the Constitution" – a moral law established by "the Creator of the universe" |
| Other notable figures mentioned | Horace Greeley, Edmund Burke, Montesquieu, Machiavelli |
| Related concepts | Rule of Law, Supremacy Clause |
| Key figures | Alexander Hamilton, James Madison, John Jay |
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What You'll Learn
William H. Seward's Higher Law speech
William H. Seward's "Higher Law" speech, also known as Freedom in the New Territories, remains one of the most significant "maiden" speeches in the history of the Senate. It was his first address to the Senate and one of his two most influential speeches during his twelve-year legislative career. In his speech, Seward opposed legislative compromise, arguing that the extension of slavery to the territories was governed by a "higher law than the Constitution"—a moral law established by "the Creator of the universe". He demanded the unconditional admission of California as a free state, warning the South that slavery was doomed and that secession from the Union would be futile.
Seward's speech was not well-received by all. Those favouring compromise proposals attacked him as a reckless enemy of the Constitution, while his northern Whig allies rallied to his defence. Horace Greeley, editor of the New York Tribune, observed that the "higher law" doctrine reinforced the Constitution with the authority of divine sanction. Within three weeks, over 100,000 pamphlet copies of the speech were distributed, and it was reprinted in newspapers across the country. The speech accelerated the division of the Whig party into pro-slavery and anti-slavery factions, alienating many of Seward's natural allies.
Despite his lack of natural oratorical talent, Seward's clear and compelling arguments, supported by authorities such as Edmund Burke, Montesquieu, and Machiavelli, made his "Higher Law" speech a serious oration. Seward's speech established him as a major national anti-slavery leader, and he risked his extensive political career on his conviction that all men should be free. As Governor of New York State, he ensured that fugitive slaves were guaranteed a trial by jury and made several statements supporting the abolition movement.
In 1858, Seward made another public address about slavery, known as the "Irrepressible Conflict Speech". He believed the slave system to be "intolerable, unjust, and inhuman" and insisted that a decision must be made about slave states and free states, even at the cost of civil war. Seward's outspoken opinion on slavery led him to sign the Emancipation Proclamation, a significant moment in his career. After witnessing the injustices of slavery and advocating for abolition, he saw his dreams fulfilled.
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The Supremacy Clause
> "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
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The Rule of Law
The concept of a "higher law than the Constitution" has been a topic of debate in American political and legal discourse, with various interpretations and perspectives. One notable example is the speech delivered by William Henry Seward, a New York senator, in 1850, known as the "Higher Law" speech. Seward argued against the extension of slavery into the newly acquired western territories, asserting that the new territory was governed by a "higher law than the Constitution," a moral law established by "the Creator of the universe." He was criticised by those favoring legislative compromise, who viewed his appeal to a "higher law" as a reckless subversion of the Constitution.
The "Higher Law" speech by Seward highlights a fundamental aspect of the American democratic system: the recognition of certain principles as being above simple majority rule. The Rule of Law, in this context, serves as the higher law that regulates the affairs of a nation's constitution. It is the spirit of justice that guides and animates the entire national being. The Rule of Law demands accountability and gives rise to justice and equality. It ensures that powers granted by the Constitution are justly exercised and not perverted to cause harm or injustice.
Alexander Hamilton, in Federalist No. 78, emphasised the role of the federal courts as "an intermediate body between the people and their legislature." He asserted that federal legislative acts contrary to the Constitution are void and cannot be valid. This underscores the principle that the Constitution ought to take precedence over conflicting statutes. The courts, therefore, play a crucial role in maintaining the Rule of Law by interpreting the Constitution and ensuring that legislative actions do not exceed the authority granted by the Constitution.
The Supremacy Clause further reinforces the concept of a higher law by establishing federal law as the supreme law of the land, taking priority over conflicting state laws. This clause specifies that treaties, federal statutes, and the Constitution itself are the supreme Law of the Land, binding the judges in every state. However, federal acts must also operate within the parameters of the Constitution, respecting its limits on federal power, such as the Bill of Rights. The Supreme Court has the power of judicial review, enabling it to invalidate statutes that violate constitutional provisions.
In conclusion, the idea of a "higher law than the Constitution" reflects the understanding that the Rule of Law serves as the guiding conscience of a nation's constitution. It ensures that the powers granted by the Constitution are exercised justly and accountable to the people. The courts, through judicial interpretation and review, play a vital role in safeguarding the Rule of Law and upholding the core values and principles enshrined in the Constitution.
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Federalist No. 78
Hamilton makes two major points in Federalist No. 78. Firstly, he argues for the independence of the judiciary. He notes that the judiciary's main purpose in a constitutional government is to protect the "particular rights or privileges" of the people as set forth by the Constitution. Secondly, he argues that the judiciary must be given the power of judicial review to strike down laws passed by Congress that it deems "contrary to the manifest tenor of the Constitution." He acknowledges that this power is not explicitly mentioned in the Constitution, but notes that the Supreme Court established its legitimacy in the 1803 case of Marbury v. Madison.
Hamilton addresses the concern that judicial review gives the judiciary power superior to that of the legislative branch. He responds by arguing that both branches are inferior to the power of the people and that the judiciary's role is to ensure that the legislature remains a "servant" of the Constitution and the people who created it. He notes that the judiciary is simply an intermediate body between the people and their legislature, ensuring that the people's representatives act within the authority given to them under the Constitution. According to Hamilton, if any law passed by Congress conflicts with the Constitution, "the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents."
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Judicial Review
The concept of a "higher law than the Constitution" has been referenced in various contexts, including in the recognition of certain fundamental principles and the interpretation of laws. This idea of a higher law has been attributed to the Rule of Law, which serves as a guiding force, infusing the Constitution with fairness and justice.
In the context of judicial review, the power to review the constitutionality of laws and government actions is vested in the judiciary. Judicial review plays a crucial role in maintaining the balance between different branches of government and ensuring that they act within the scope of their authority. Alexander Hamilton, in Federalist No. 78, emphasised the role of federal courts as "an intermediate body between the people and their legislature", underlining the importance of judicial review in safeguarding against potential overreach by the legislative branch.
One notable example of judicial review in action is the case of Pennsylvania v. Nelson (1956). In this case, the Supreme Court invoked the Supremacy Clause, which establishes federal law as supreme over state law, to strike down a state law that conflicted with federal interests. The Court asserted its authority to invalidate state laws that went beyond what Congress had deemed necessary, thus reinforcing the primacy of federal law in such cases.
The Supremacy Clause, as interpreted by the Supreme Court, also extends to treaties and federal statutes, which are considered "supreme law of the land". This interpretation gives equal weight to treaties and federal statutes, provided they are within the scope of the Constitution and do not violate constitutional limits on federal power, such as the Bill of Rights. The judicial review process allows the Supreme Court to interpret and review treaties, ensuring they are in alignment with the Constitution.
In conclusion, judicial review serves as a critical mechanism for upholding the rule of law and maintaining the integrity of the Constitution. It empowers the judiciary to act as a check on the legislative and executive branches, ensuring that their actions are consistent with the nation's core values and principles enshrined in the Constitution. By interpreting and reviewing laws, the judiciary plays a vital role in safeguarding individual rights and maintaining a fair and just society.
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Frequently asked questions
William Henry Seward said 'higher law than the constitution' in his "Higher Law" speech in 1850.
Seward was addressing the issue of whether to permit the extension of slavery into newly acquired western territories. He opposed all legislative compromise and demanded the unconditional admission of California as a free state.
The speech had a greater impact outside Congress. It was supported by authorities such as Edmund Burke, Montesquieu, and Machiavelli, and it immediately established Seward as a major national anti-slavery leader.
The Rule of Law is considered the higher law that regulates the affairs of a nation's constitution. It ensures that powers are justly exercised and are not used to cause injustice. The Supremacy Clause also specifies that certain federal acts take priority over conflicting state acts.
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