In the exercise of its sovereignty Congress in intrusted with large and
peculiar powers. Take notice of them, and you will see how little of
"sovereignty" is left to the States. Their simple enumeration is an
argument against the pretension of State Rights. Congress may lay and
collect taxes, duties, imposts, and excises, to pay the debts and
_provide for the common defence and general welfare of the United
States_. It may borrow money on the credit of the United States;
regulate commerce with foreign nations, and _among the several States_,
and with the Indian tribes; establish a uniform rule of naturalization,
and uniform laws on the subject of bankruptcy, _throughout the United
States_; coin money, regulate the value thereof, and fix the standard of
weights and measures; establish post-offices and post-roads; promote the
progress of science and the useful arts by securing for limited times to
authors and inventors the exclusive right to their respective writings
and discoveries; define and punish piracies and felonies committed on
the high seas, and offences against the law of nations; declare war;
grant letters of marque and reprisal; make rules concerning captures on
land and water; raise and support armies; provide and maintain a navy;
make rules for the government and regulation of the land and naval
forces; provide for calling forth the militia to execute _the laws of
the Union_, suppress insurrections, and repel invasions; provide for
organizing, arming, and disciplining the militia, and for governing such
part of them as may be employed in the service of the United States,
reserving to the States respectively the appointment of officers and the
authority of training the militia _according to the discipline
prescribed by Congress_; and make all laws necessary and proper for
carrying into execution the foregoing powers and all other powers vested
in the Government of the United States.
Such are the ample and diversified powers of Congress, embracing all
those powers which enter into sovereignty. With the concession of these
to the United States there seems to be little left for the several
States. In the power to "declare war" and to "raise and support armies,"
Congress possesses an exclusive power, in itself immense and infinite,
over persons and property in the several States, while by the power to
"regulate commerce" it may put limits round about the business of the
several States. And even in the case of the militia, which is the
original military organization of the people, nothing is left to the
States except "the appointment of the officers," and the authority to
train it "according to the discipline _prescribed by Congress_." It is
thus that these great agencies are all intrusted to the United States,
while the several States are subordinated to their exercise.
Constantly, and in everything, we behold the constitutional
subordination of the States. But there are other provisions by which
the States are expressly deprived of important powers. For instance: "No
State shall enter into any treaty, alliance, or confederation; coin
money; emit bills of credit; make anything but gold and silver coin a
tender in payment of debts." Or, if the States may exercise certain
powers, it is only with the consent of Congress. For instance: "No State
shall, _without the consent of Congress_, lay any duty of tonnage, keep
troops or ships of war in time of peace, enter into any agreement or
compact with another State or with a foreign power." Here is a magistral
power accorded to Congress, utterly inconsistent with the pretensions of
State Rights. Then, again: "No State shall, _without the consent of the
Congress_, lay any imposts or duties on imports or exports, except what
may be absolutely necessary for executing its inspection laws; and the
net produce of all duties and imposts laid by any State on imports or
exports shall be for the use of the treasury of the United States; _and
all such laws shall be subject to the revision and control of the
Congress_." Here, again, is a similar magistral power accorded to
Congress, and, as if still further to deprive the States of their much
vaunted sovereignty, the laws which they make with the consent of
Congress are expressly declared to be subject "to the revision and
control of the Congress." But there is another instance still. According
to the Constitution, "Full faith and credit shall be given in each State
to the public acts, records, and judicial proceedings of every other
State": but here mark the controlling power of Congress, which is
authorized to "prescribe the manner in which such acts, records, and
proceedings shall be proved, and the effect thereof."