WSP12253 - Laserfiche WebLink

Home Browse Search

and that'withoilt the States in union there could be no such political body as the United States.' Not only therefore can there be no los~ of separate and' independent autonomy to the States through their Union nnder the Constitution, but it may be not unreasonably said that the preservation of the States and the maintenancq of their governments are as much within the design and careln' of the Constitution as the preservation of the Union and the aintenance of the National Government. The Constitutian, inl all its provisions, laoks to an indestructible Uniol!, compose~ of indestructible States." (Ohief Justice Chase in Texas v. White, 7 Wallace, 700, 725, decided in 1868.) "The Generp.J Government, and the States, although both exist within the same territorial limits, are separate and dis- tinct sovereignties, acting separately and independently of each other, within th~ir respective spheres. The former in its appro- priate sphere is! supreme; but the States within the limits of their powers no~ granted, or, in the language of the tenth amend- ment, "reserVed~1' are as independent of the General G9vernment as that Govern ent within its sphere is independent of the States." (Mr, ustice Nelson in Collector v. Day, 11 Walla:ce, 113, 1214, decide4 in 1870,) "We have In this Repnblic a dual system of government, national and state, each operating within the same territory and npon the samel persons; and yet working without collision, because their fn~ctions are different. There are certain matters - over which the jNational Government has absolute control and no action of ~e State can interfere therewith, and there are others in 'which ~he State is supreme, and in respect to them the National Goverl\ment is powerless. '1;0 preserve the even'balance . between these ~\vo Governments and hald each in its separate sphere is the pecnliar duty of all courts, preeminently of this- aduty oftentim$s of great delicacy and difficulty." (Mr. Justice Brewer in Sontp. Carolina v. United States, 199 United States, 437, 448, decideq. in 1905,) "Each Stat~ is subject only to the lim[tations prescribed by the Constitutioll and wi1;hin its own territory is otherwise su- preme. Its Internal affairs nre matters of its own discretion." (Id., 454.) I "The powevs affecting the internal affairs of the States not granted to the Dnited States by the C9nstitution, nor prohibited by it to the States, are reserved to the States respectively, and all powers of a' national character which are nat delegated to the National Gpvernment by the COnstitution are reserved to the people af the United States." (Justice Brewer in Kansas v. Colorado, 206 Uj. S., 46, 90.) In the case ~f Kanss:s-v. Colorado, last above cited, the United , , i [20 ]