binding as between the United States and the several States, as neither can make the other defendant in any controversy between them.
Others, who are forced by the strength of the argument to admit, that the judicial power does not extend to them, contend that Congress, the great organ of the government, has the right to decide, in the last resort, in all such controversies;—or in all questions involving the extent of their respective powers. They do not pretend to derive this high power from any specific provision of the constitution; they claim it to be a right incident to all governments, to decide as to the extent of its powers; and to enforce its decision by its own proper authority.
It is manifest, that they who contend for this right to its full extent, overlook the distinction, in this respect, between single governments, vested with all the powers appertaining to government, and co-ordinate governments, in a system where the powers of government are divided between two or more, as is the case with us. If it be admitted that the right belongs to both, and that co-ordinate governments, in this respect, stand on the same ground as single governments,—whatever right or power in such case, belongs to the one, must necessarily belong to the other: and, if so, the result must be, where they differ as to the extent of their respective powers, either a mutual negative on the acts of each other,—or the right of each to enforce its decision on the other. But it has already been established, that they have not the latter; and hence,
