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Show -116- "We have in this Republic a dual system of government, national and State, each operating within the same territory and upon the same persons; and yet working without collission, because their functions are different. There are certain matters over which the national Government has absolute control and no action of the State can inter- fere therewith, and there are others in which the State is supreme, and in respect to them the National Government is powerless* To pre- serve even balance between these two Governments and hold each in its separate sphere is the peculiar duty of all courts, pre-eminently of this -a duty often times of great delicacy and difficulty * "The two Governments--National and State, are each to exercise "their power so as not to interfere with the free and full exercise "by the other of its powers 0 * * * * Each State, is subject only to the limitations prescribed by the Constitution and within its own terri- "fcory is otherwise supreme * Its internal affairs are matters of its owm discretion. The Constitution provides that 'the United States shall guarantee to every State in this Union a Republican form of government* Art* 17, Sec0 I4.0 That expresses the full limit of Nation- al control over the internal affairs of a State." (Mre Justice Brewer in So, Car, vs, U. S. 199 U. S. hgl, W+8, l£2, h5h») "The powers affecting the internal affairs of the State not granted to the United States by the Constitution, nor prohibited by it to the States- are reserved to the States respectively, and all the powers of a national character which are not delegated to the National Government by the Constitution are reserved to the people of the United States," (Mr* Justice Brewer in Kans« vso Colo*., 206 IT. S. U6, 90o) "In Texas vs. White, 7 Wall, 700, 725, Chief Justice Chase said in strong and memorable language that, 'the Constitution, in all of its provisions, looks to an indestructible Union, composed o£ indestructible States.1 "In Lane County vs. Oregon,, 7 Wall, j6, he said: ?The people of the United States constitute one nation, under one government, and this government, within the scope of the powers with which it is invested, is supreme. On the other hand, the people of* each State compose a State, having its own government, and en- dowed with all the functions essential to separate and independent exristence. The States disunited might continue to exist * Without th.e States in union there could be no such political body as the United StateSo! "To this we may add that the constitutional equality of the States is essential to the harmonious operation of the scheme upon which the Republic was organized* When that equla ity disappears we may remain a free people, but the Union will not be the Union of the Constitution." (lir. Justice Lurton in Coyle vs. Smith, 121 Uo S. 559, 579-) " |
