There was not the slightest intimation of so radical a
revolution as the surrender of the sovereignty of the contracting
parties would have been. The additional powers conferred upon the
Federal Government by the Constitution were merely transfers of some of
those possessed by the State governments--not subtractions from the
reserved and inalienable sovereignty of the political communities which
conferred them. It was merely the institution of a new agent who,
however enlarged his powers might be, would still remain subordinate and
responsible to the source from which they were derived--that of the
sovereign people of each State. It was an amended Union, not a
consolidation.
It is a remarkable fact that the very powers of the Federal Government
and prohibitions to the States, which are most relied upon by the
advocates of centralism as incompatible with State sovereignty, were in
force under the old Confederation when the sovereignty of the States was
expressly recognized. The General Government had then, as now, the
exclusive right and power of determining on peace and war, making
treaties and alliances, maintaining an army and navy, granting letters
of marque and reprisal, regulating coinage, establishing and controlling
the postal service--indeed, nearly all the so-called "characteristic
powers of sovereignty" exercised by the Federal Government under the
existing Constitution, except the regulation of commerce, and of levying
and collecting its revenues directly, instead of through the
interposition of the State authorities.
Pages:
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287