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and the Union shall be perpetual." The preamble to the Constitution of the
United States, having express reference to the Articles of Confederation,
recites that it was established "in order to form a more perfect union."
And yet it is contended that this "more perfect union" does not include the
essential attribute of perpetuity.
But that the Union was designed to be perpetual appears conclusively from
the nature and extent of the powers conferred by the Constitution on the
Federal Government. These powers embrace the very highest attributes of
national sovereignty. They place both the sword and the purse under its
control. Congress has power to make war and to make peace, to raise and
support armies and navies, and to conclude treaties with foreign
governments. It is invested with the power to coin money and to regulate
the value thereof, and to regulate commerce with foreign nations and among
the several States. It is not necessary to enumerate the other high powers
which have been conferred upon the Federal Government. In order to carry
the enumerated powers into effect, Congress possesses the exclusive right
to lay and collect duties on imports, and, in common with the States, to
lay and collect all other taxes.
But the Constitution has not only conferred these high powers upon
Congress, but it has adopted effectual means to restrain the States from
interfering with their exercise. For that purpose it has in strong
prohibitory language expressly declared that--
No State shall enter into any treaty, alliance, or confederation; grant
letters of marque and reprisal; coin money; emit bills of credit; make
anything but gold and silver coin a tender in payment of debts; pass any
bill of attainder, ex post facto law, or law impairing the obligation of
contracts. Moreover--
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 if they exceed this amount the excess shall belong, to the United
States. And--
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, or engage in war,
unless actually invaded or in such imminent danger as will not admit of
delay.
In order still further to secure the uninterrupted exercise of these high
powers against State interposition, it is provided that--
This Constitution and the laws of the United States which shall be made in
pursuance thereof, and all treaties made or which shall be made under the
authority of the United States, shall be the supreme law of the land, and
the judges in every State shall be bound thereby, anything in the
constitution or laws of any State to the contrary notwithstanding.
The solemn sanction of religion has been superadded to the obligations of
official duty, and all Senators and Representatives of the United States,
all members of State legislatures, and all executive and judicial officers,
"both of the United States and of the several States, shall be bound by
oath or affirmation to support this Constitution."
In order to carry into effect these powers, the Constitution has
established a perfect Government in all its forms--legislative, executive,
and judicial; and this Government to the extent of its powers acts directly
upon the individual citizens of every State, and executes its own decrees
by the agency of its own officers. In this respect it differs entirely from
the Government under the old Confederation, which was confined to making
requisitions on the States in their sovereign character. This left it in
the discretion of each whether to obey or to refuse, and they often
declined to comply with such requisitions. It thus became necessary for the
purpose of removing this barrier and "in order to form a more perfect
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