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WSP08409
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Entry Properties
Last modified
1/26/2010 2:48:03 PM
Creation date
10/12/2006 2:58:18 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.400.30.C
Description
La Plata River Compact
Basin
Colorado Mainstem
Date
12/1/1954
Author
NM Interstate St.
Title
Pertinent Information on the Background and Negotiations of the La Plata River Compact, Colorado and New Mexico, 1922
Water Supply Pro - Doc Type
Publication
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<br /> <br />. <br /> <br />and that 'withQut the Statel! in union there could be no such <br />political body as the United Sta1et!.' Not only therefore can <br />there be no losS of separate and independent autonomy to the <br />States througb Itheir Union under the Con~titution, but it lIlay <br />be not unreasonably said that the preservation of the States and <br />the Illaintenanc~ of their governments are as lIluch within ,the <br />design and car~ of the Constitution as the preservation of the <br />Union and the ,maintenance of the National Government. The <br />Constitution, il': all its provisions, looks to an Indestructible <br />Union, compose!! of indestructible States." (Chief Justice ChallC <br />in Texas v. White, 7 Wallace, 700, 725,dedded in 1868.) <br /> <br />"The General Government, and the States, although both <br />exiRt within the Hame territorial limits, are separate and diR- <br />tinct sovereignties. acting separately and independently of each <br />othcr, within tlleir respective spheres. The former in its appro- <br />priate sphere i~ supreme; but the fltates within the limits of <br />their powers n<\t granted, or, in the language of -the tcnth anumd. <br />ment, "reservedj," are as independent of the General Government <br />as that Govcrnment within it. sphere is independent of the <br />States." (Mr. !Justice Nelson in Collector v. J}ay, 11 Wallace, <br />113, 124, dedd<jd in 1870.) <br /> <br />"We have !in this Republic a dual system of government, <br />national and state, each operating within the same territory and <br />upon the same persons; and yet working without collision, <br />heeauae their fiInctions are different. There are certain matters <br />over which the, National Government has absolute control and <br />no action of t~e ,State can interfere therewith, and there are <br />others in whichl the State is supreme, and In respect to them the <br />National Goverrment is powerl""". To preserve the even balance <br />between these two Governments and hold each in its separate <br />sphere is the Pfculiar duty of all courts, preeminently of thls- <br />a duty oftentiI'Ies of great deli('8('Y and difficulty." (Mr. ,Tustlce <br />Drewer in South Carolina v. United States, 199 United States, <br />437, 448, deeldft In 1905.) <br /> <br />"Each State is subject only to the limitations prescribed by <br />the Constitution and within its own terrl10ry is otherwise su- <br />preme. Its Internal affairs are matters of its own discretion." <br />(Id., 454.) , <br />, <br />"The pow~rs affecting the' Internal affairs of the States not <br />granted to the rnited State. by the Constitntion, nor prohibited <br />by it to the Stlttes, are reserved to the State8 respectively, and <br />all powers of " national character whith are not delegated to <br />the Nationa.l <!lovernrnent by the Constitution are reserved to <br />the people of t\1.e United Btates." (Justice Brewer In Kansa. v. <br />Colorado, 206 V. B., 46, 90.) <br /> <br />In the cue! of Kanlaa v. Colorado, Illst above cited, the United . <br />I - <br />i <br /> <br />[ 20 ] <br />
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