I9I2.] OF THE UNITED STATES. 281 



vested in them, and all treaties made and ratified under the authority of the 

 United States shall be the supreme law of the respective States so far forth 

 as those acts or. treaties shall relate to the said States or their citizens, and 

 that the judiciary of the several States shall be bound thereby in their deci- 

 sions, anything in the respective laws of the individual States to the contrary 

 notwithstanding; and that if any State, or any body of men in any State shall 

 oppose or prevent ye carrying into execution such acts or treaties, the federal 

 Executive shall be authorized to call forth ye power of the Confederated 

 States, or so much thereof as may be necessary to enforce and compel an 

 obedience to such Acts, or an observance of such treaties."^ 



On July 17th the sixth resolution of the Virginia plan was defeated, 

 and Luther Martin of Maryland moved the following resolution 

 which was unanimously adopted : 



" That the legislative acts of the United States made by virtue and in 

 pursuance of the articles of union, and all treaties made and ratified under 

 the authority of the United States, shall be the supreme law of the respective 

 States, as far as those acts or treaties shall relate to the said States, or their 

 citizens and inhabitants — and that the judiciaries of the several States shall 

 be bound thereby in their decisions, anything in the respective laws of the 

 individual States to the contrary notwithstanding."" 



The committee of detail reported the section in the following form : 



" The acts of the Legislature of the United States made in pursuance of 

 this Constitution, and all treaties made under the authority of the United 

 States shall be the supreme law of the several States, and of their citizens and 

 inhabitants; and the judges in the several States shall be bound thereby in 

 their decisions ; anything in the Constitution or laws of the several States to 

 the contrary notwithstanding."'* 



On August 23rd the first clause was changed to read : " This Con- 

 stitution and the laws of the United States made in pursuance 

 thereof ."^^ On August 25th the words " or which shall be made " 

 were inserted to cover treaties preexisting. So modified, the pro- 

 vision received unanimous approval.*" It remained thereafter unal- 

 tered by the Convention except by its action in approving the form 

 given to it by the committee of style.*^ 



The general plan of the Constitution would seem to be simple. 

 The Federal power is divided into the legislative, the execu- 

 tive, and the judicial. The legislative, limited to certain enu- 



''Farrand, Vol. I., p. 245. ''Ibid., p. 389. 



"Farrand. Vol. II., pp. 28-9. ^'Ibid., p. 417. 



="Ibid., p. 183. "Ibid., p. 603. 



