| | During the Convention, the delegates left most powers to the states, while nationalizing 19 powers which they perceived to be proper functions for a general government. In general, however, the states remained sovereign | | During the Convention, the delegates left most powers to the states, while nationalizing 19 powers which they perceived to be proper functions for a general government. In general, however, the states remained sovereign |
| − | Early Supreme Court cases have reflected this retained sovereignty by the states: [[Chisholm v. Georgia]], Ware v. Hylton,<ref>"The authority to make war, of necessity implies the power to make peace; or the war must be perpetual. I entertain this general idea, that the several States retained all internal sovereignty; and that Congress properly possessed the great rights of external sovereignty"</ref> Worcester v. Georgia,<ref>" Within the sphere allotted to them, the co-ordinate branches of the general government revolve, unobstructed by any legitimate exercise of power by the state governments. The powers exclusively given to the federal government are limitations upon the state authorities. But, with the exception of these limitations, the states are supreme; and their sovereignty can be no more invaded by the action of the general government, than the action of the state governments in arrest or obstruct the course of the national power."</ref> and Martin v. Hunter's Lessee.<ref>"The constitution was not, therefore, necessarily carved out of existing state sovereignties, nor a surrender of powers already existing in state institutions, for the powers of the states depend upon their own constitutions; and the people of every state had the right to modify and restrain them, according to their own views of the policy or principle. On the other hand, it is perfectly clear that the sovereign powers vested in the state governments, by their respective constitutions, remained unaltered and unimpaired, except so far as they were granted to the government of the United States."</ref> | + | Early Supreme Court cases have reflected this retained sovereignty by the states: [[Chisholm v. Georgia]], Ware v. Hylton,<ref>"The authority to make war, of necessity implies the power to make peace; or the war must be perpetual. I entertain this general idea, that the several States retained all internal sovereignty; and that Congress properly possessed the great rights of external sovereignty"</ref> [[Worcester v. Georgia]],<ref>" Within the sphere allotted to them, the co-ordinate branches of the general government revolve, unobstructed by any legitimate exercise of power by the state governments. The powers exclusively given to the federal government are limitations upon the state authorities. But, with the exception of these limitations, the states are supreme; and their sovereignty can be no more invaded by the action of the general government, than the action of the state governments in arrest or obstruct the course of the national power."</ref> and Martin v. Hunter's Lessee.<ref>"The constitution was not, therefore, necessarily carved out of existing state sovereignties, nor a surrender of powers already existing in state institutions, for the powers of the states depend upon their own constitutions; and the people of every state had the right to modify and restrain them, according to their own views of the policy or principle. On the other hand, it is perfectly clear that the sovereign powers vested in the state governments, by their respective constitutions, remained unaltered and unimpaired, except so far as they were granted to the government of the United States."</ref> |