under any aspect in which the question can be viewed, the same conclusion follows,—that where the two governments differ as to the extent of their respective powers, a mutual negative is the consequence.
The effect of this is, to make each, as against the other, the guardian and protector of the powers allotted to it, and of which it is the organ and representative. By no other device, could the separate governments of the several States, as the weaker of the two, prevent the government of the United States, as the stronger, from encroaching on that portion of the reserved powers allotted to them, and finally absorbing the whole; except, indeed, by so organizing the former, as to give to each of the States a concurrent voice in making and administering the laws; and, of course, a veto on its action. The powers not delegated are expressly reserved to the respective States or the people; that is, to the governments of the respective States and the people thereof; and by them only can they be protected and preserved. The reason has been fully explained in the discourse on the elementary principles of government. But the several States, as weaker parties, can protect the portion not delegated, only in one of two ways; either by having a concurrent voice in the action of the government of the United States; or a negative on its acts, when they disagree as to the extent of their respective powers. One or the other is indispensable to the preservation of the reserved rights,—and to prevent the consolidation of all power in the government of the
