the people of each of the States of the Union, in subordination to the sovereign authority of the people of the United States, were authorized to exercise all the local and municipal rights, privileges, and franchises which they claimed under their several charters, or constitutions: And, that all the "sovereignty,* freedom, and independence, and every power, jurisdiction, and right," retained by each State, according to the 2d Article of Confederation, were so retained by the sovereign authority of the nation. Sixthly. That, in the Constitution of the United States, the prohibitions which are applicable to the National Government, as well as those which are applicable to the several State governments, are recorded expressions of the will of the sovereign power of the nation. Seventhly. That, by the authority of the sovereign power of the nation, "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." III. Congress not Restricted to the Exercise of Powers "Expressly" Granted by the Constitution. The work of forming the Government of the United States of America was not finished by the promulgation of the Declaration of Independence and the adoption of a National Constitution. Those memorable productions contain strongly marked outlines of a grand design. They are bold and clear sketches of a new and beneficent form of popular government. But, the question of forming specific rules for the administration of the new Government, involved problems which baffled even the wisdom and patriotism of the guardians of the infancy of * Vide Chap. II, Note 5.-Chap. III, Note 7. the nation. It was, indeed, impossible for the framers of the Constitution of the United States to set forth, in that great charter, specific instructions and exact restrictions, for the guidance of the People's Agent, the National Government, in its dealings with the various known and unknown difficulties and dangers which the new nation would be forced to meet and overcome, in its progress toward a condition of freedom, strength and prosperity. It was impossible to name, define, and fix, expressly, with unquestionable certainty, the nature and the limits of the different powers which it was necessary and proper to delegate, on behalf of the People of the United States, first to the National Government, and secondly to the several State governments, in order to enable these anthorities to "form a more perfect Union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty" to the people of the nation. "It would have been," said Chief Justice Marshall, "an unwise attempt to provide, by immutable rules, for exigencies which, if forseen at all, must have been seen dimly, and which can be best provided for as they occur." Wheaton's Reports, Vol. IV, p. 415. IV. Specific Powers and General Powers Granted to Congress.-State Rights. In ordaining and establishing their National Constitution, the People of the United States delegated specific powers and general powers to their National Government, and they reserved to the several State governments many powers which are called State Rights, and which include the exclusive right to regulate and control those internal municipal affairs which concern only a State directly and immediately. But, neither the General Government, nor any State government, is vested with a right to do any act that will destroy, or weaken, the influence of those general principles which are clearly stated in the first paragraph of the Constitution. V. Of National Authority and State Authority. In a case reported in 5th Wheaton (p. 49, and Appendix, p. 162), the Supreme Court of the United States says that the powers granted to Congress are not exclusive of similar powers existing in the States, unless where the Constitution has expressly in terms given an exclusive power to Congress, or the exercise of a like power is prohibited to the States, or there is a direct repugnancy or incompatibility in the exercise of it by the State. But in cases of concurrent authority, where the laws of the States and of the Union are in direct and manifest collision on the same subject, those of the Union being the supreme law of the land, are of paramount authority, and the State laws, so far, and so far only, as such incompatibility exists, must necessarily yield. VI. State Rights. The rights of the several States of the Union remained, after the adoption of the Constitution of the United States, what they were before, except so far as they had been abridged by that instrument.-Kent's Comm., Vol. I, p. 435; 4th Wheaton, p. 193. The phrase "State Rights" is in harmony with the Constitution, which grants, or reserves, to the States, severally, certain rights which are specifically mentioned, and other rights, by fair and necessary implication. But, for the protection of the rights and liberties of the citizens, individually, and to insure for each State in the Union, a republican form of government, the powers of the States, severally, and the powers of the Congress of the United States, are limited by the prohibitions which are now clearly set forth in the national Constitution, and by those which, by fair implication, it contains. For example- Constitutional Prohibitions. No State shall form a Constitution, or make laws, which shall be in conflict with the Constitution of the United States, or with the laws of the United States which shall be made in pursuance thereof. No State shall enter into any Treaty, Alliance, or Confederation. No State shall grant Letters of Marque and Reprisal. No State shall emit Bills of Credit. No State shall make any thing but gold and silver coin a Tender in Payment of Debts. No State shall pass any Bill of Attainder. No State shall pass any ex post facto Law. No State shall pass any Law impairing the Obligation of Contracts. No State shall grant any Title of Nobility. No State shall, without the consent of Congress, lay any Duty on Tonnage. No State shall, without the consent of Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws. No State shall, without the consent of Congress, keep Troops, or Ships of War, in time of Peace. No State shall, without the consent of Congress, enter into any Agreement or Compact with another State, or with a Foreign Power. No State shall, without the consent of Congress, engage in War, unless actually invaded, or in such imminent Danger as will not admit of Delay. No State shall deprive any person of Life, Liberty, or Property, without due process of law. No State shall deny to any person within its jurisdiction the Equal Protection of the Laws. No State shall assume or pay any Debt or Obligation incurred in aid of Insurrection or Rebellion against the United States, or any claim for the Loss or Emancipation of any Slave. The Constitution of the United States contains the following specific prohibitions, viz.: The Taxes, Duties, Imposts, and Excises, levied by Congress, shall not be otherwise than uniform throughout the United States. Congress shall not pass Naturalization laws, nor laws on the subject of Bankruptcy, unless such laws shall be uniform throughout the United States. No appropriation of money, by Congress, to raise and support Armies, shall be for a longer term than two years. The States, severally, shall not be deprived of the right of appointing officers of such of their Militia as may be engaged in the service of the United States. The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in cases of Rebellion or Invasion the public safety may require it. No bill of Attainder or ex post facto Law shall be passed. No Capitation or other direct Tax shall be laid, unless in proportion to the Census. * * * |