constitution, to determine to what limits its powers extend, and how far they are bound to respect and obey it, and the acts made under its authority. They are bound to obey them, only, because the State, to which they owe allegiance, by ratifying, ordained and established it as its own constitution and government; just in the same way, in which it ordained and established its own separate constitution and government — and by precisely the same authority. They owe obedience to both; because their State commanded them to obey; but they owe allegiance to neither; since sovereignty, by a fundamental principle of our system, resides in the people, and not in the government. The same authority which commanded obedience, has the right, in both cases, to determine, as far as they are concerned, the extent to which they were bound to obey; and this determination remains binding until rescinded by the authority which pronounced and declared it.
I have now finished the discussion of the question — What means does the constitution, or the system itself furnish, to preserve the division between the delegated and reserved powers? In its progress, I have shown, that the federal government contains, within itself, or in its organization, no provisions, by which, the powers delegated could be prevented from encroaching on the powers reserved to the several States; and that, the only means furnished by the system itself, to resist encroachments, are, the mutual negative between the two co-ordinate governments, where their acts come into conflict as to the extent of their respective powers; and the
