§ 1099. It follows, from the very nature of the power, that to be useful, it must be exclusive; for concurrent power in the states would bring back all the evils and embarrassments, which the uniform rule of the constitution was designed to remedy. And, accordingly, though there was a momentary hesitation, when the constitution first went into operation, whether the power might not still be exercised by the states, subject only to the control of congress, so far as the legislation of the latter extended, as the supreme law;[1] yet the power is now firmly established to be exclusive.[2] The Federalist, indeed, introduced this very case, as entirely clear, to illustrate the doctrine of an exclusive power by implication, arising from the repugnancy of a similar power in the states. "This power must necessarily be exclusive," say the authors; "because, if each state had power to prescribe a distinct rule, there could be no uniform rule."[3]
- ↑ Collet v. Collet, 2 Dall. R. 294; United States v. Villato, 2 Dall. 270; Sergeant on Const. Law, ch. 28, [ch. 30, 2d. edit]
- ↑ See The Federalist, No. 32, 42; Chirac v. Chirac, 2 Wheat. R. 259, 269; Rawle on the Const. ch. 9, p. 84, 85 to 88; Houston v. Moore, 5 Wheat. R. 48, 49; Golden v. Prince, 3 Wash. Cir. Ct. R. 313, 322; 1 Kent's Comm. Lect. 19, p. 397; 1 Tuck. Black. Comm. App. 255 to 259; 12 Wheat. R. 277, per. Johnson J.; but see id. 307, per Thompson J.—A question is often discussed under this head, how far a person has a right to throw off his national allegiance, and to become the subject of another country, without the consent of his native country. This is usually denominated the right of expatriation. It is beside the purpose of these Commentaries to enter into any consideration of this subject, as it does not properly belong to any constitutional inquiry. It may be stated, however, that there is no authority, which has affirmatively maintained the right, (unless provided for by the laws of the particular country,) and there is a very strong current of reasoning on the other side, independent of the known practice and claims of the nations of modern Europe. See Rawle on the Constitution, ch. 9, p. 85 to 101; Sergeant on Const. Law, ch. 28, [ch. 30.]; 2 Kent's Comm. Lect. 25, p. 35 to 42.
- ↑ The Federalist, No. 32.
