Constitutional history -- United States -- Sources; Constitutional law -- United States
But if the government be national with regard to the OPERATION of its
powers, it changes its aspect again when we contemplate it in relation
to the EXTENT of its powers. The idea of a national government involves
in it, not only an authority over the individual citizens, but an
indefinite supremacy over all persons and things, so far as they are
objects of lawful government. Among a people consolidated into one
nation, this supremacy is completely vested in the national
legislature. Among communities united for particular purposes, it is
vested partly in the general and partly in the municipal legislatures.
In the former case, all local authorities are subordinate to the
supreme; and may be controlled, directed, or abolished by it at
pleasure. In the latter, the local or municipal authorities form
distinct and independent portions of the supremacy, no more subject,
within their respective spheres, to the general authority, than the
general authority is subject to them, within its own sphere. In this
relation, then, the proposed government cannot be deemed a NATIONAL
one; since its jurisdiction extends to certain enumerated objects only,
and leaves to the several States a residuary and inviolable sovereignty
over all other objects. It is true that in controversies relating to
the boundary between the two jurisdictions, the tribunal which is
ultimately to decide, is to be established under the general
government. But this does not change the principle of the case. The
decision is to be impartially made, according to the rules of the
Constitution; and all the usual and most effectual precautions are
taken to secure this impartiality. Some such tribunal is clearly
essential to prevent an appeal to the sword and a dissolution of the
compact; and that it ought to be established under the general rather
than under the local governments, or, to speak more properly, that it
could be safely established under the first alone, is a position not
likely to be combated.
Public-domain text, read in full here on John Shaqi.
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