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<br />
<br />oompletely independent, and were conneoted \~th eaoh other only by a league. This
<br />is true." (Chief Justioe Marshall in Gibbons v. Ogden, 9 Hheat., 1, 187).
<br />
<br />.
<br />"The United States are sovereign as to all the powers of Government actually
<br />surrendered. Each State in the Union is sovereign as to all the powers re.served.
<br />It must neoessarily be so, beoause the United States have no olaim to any author-
<br />ity but such as the States have surrendered to them. Of course, the part not
<br />surrendered must remain as it did before." (Chisholm v. Georgia, 2 Dall., 419,
<br />435.)
<br />
<br />"
<br />
<br />"In America the powers of sovereignty are divided between the Government of
<br />the Union and those of the States. They are eaoh sovereign with respect to the
<br />objects committed to it, and neither sovereign with respect to the objects com-
<br />mitted to the other. (Chief Justioe Marshall in McCullooh v. Maryland, 4,
<br />,Vheat., 316, 410.)
<br />
<br />,)
<br />
<br />"Under the Artioles of Confederation each State retained its sovereignty,
<br />freedom, and independence, and every power, jurisdiotion, and right not expressly
<br />delegated to the United States. Under the Constitution, though. the powers of the
<br />State8 were muoh restrioted, still all powers not delegated to the United States.
<br />nor prohibited to the States, are re8erved to the States, respeotively, or to the
<br />people. And we have already had oooasion to remark at this term, that 'the people
<br />of eaoh State compose a State, having its own government and endowed with all the
<br />functions essential to separate and independent existence,' and that 'without the
<br />States in union there oould be no such political body as the United States.'
<br />Not only therefore oan there be no loss of separate and independent autonomy to
<br />the States through their Union under the Constituti on, but it may be not unreason-
<br />ably said that the preservation of the States and the maintenanoe of their govern-
<br />ments are as muoh within the design and oare of the Constitution as the preser-
<br />vation of the Union and the maintenanoe of the National Government. The Con8titu-
<br />tion, in all its provisions, looks to an indestruotible Union, oomposed of in-
<br />destruotible State8.' (Chief Justioe Chase in Texas v. White, 7 Wallaoe, 700, 725,
<br />deoided in 1868.)
<br />
<br />.
<br />
<br />"The General Government, and the States, although both exist ~ithin the same
<br />territorial limits, are separate and di8tinot sovereignties, aoting separately
<br />and independently of eaoh other, within their respective spheres. The former in
<br />its appropriate sphere is supreme; but the States within the limits of their
<br />powers not granted, or, in the language of the tenth amendment, "reserved," are
<br />as independent of the General Government as that Government within its sphere is
<br />independent of the States." (Mr. Justice Nelson in Collector v. Day, 11 Wallaoe,
<br />113. 124, decided in 1870.)
<br />
<br />,)
<br />
<br />~e have in this Republio a dual system of government, national and state,
<br />each operating within the same territory and upon the same persons; and yet work-
<br />ing without collision, beoause their functions are different. There are oertain
<br />matters over which the National Government has absolute control and no aotion of
<br />the State oan interfere therewith, and there are others in whioh the State is
<br />supreme, and in respeot to them the National Government is powerless. To pre-
<br />serve the even balanoe between these two Governments and hold eaoh in its sep-
<br />arate sphere is the peculiar duty of all courts, preeminently of this-- a duty
<br />oftentimes of great delioaoy and diffioulty," (Mr. ,J'ustice. Brewer in South
<br />Carolina v. United State8, 199 United State8~ 437. 448, deoided in 1905.)
<br />
<br />.G.. .
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