FREE BOOKS

Author's List




PREV.   NEXT  
|<   874   875   876   877   878   879   880   881   882   883   884   885   886   887   888   889   890   891   892   893   894   895   896   897   898  
899   900   901   902   903   904   905   906   907   908   909   910   911   912   913   914   915   916   917   918   919   920   921   922   923   >>   >|  
nnection with a Congressional election and to prescribe additional penalties for the violation by such officials of their duties under State law. While the doctrine of the holding is expressly confined to cases in which the National Government and the States enjoy "a concurrent power over the same subject matter," no attempt is made to catalogue such cases. Moreover, the outlook of Justice Bradley's opinion for the Court is decidedly nationalistic rather than dualistic, as is shown by the answer made to the contention of counsel "that the nature of sovereignty is such as to preclude the joint cooperation of two sovereigns, even in a matter in which they are mutually concerned." To this Justice Bradley replied: "As a general rule, it is no doubt expedient and wise that the operations of the State and national governments should, as far as practicable, be conducted separately, in order to avoid undue jealousies and jars and conflicts of jurisdiction and power. But there is no reason for laying this down as a rule of universal application. It should never be made to override the plain and manifest dictates of the Constitution itself. We cannot yield to such a transcendental view of state sovereignty. The Constitution and laws of the United States are the supreme law of the land, and to these every citizen of every State owes obedience, whether in his individual or official capacity."[122] Three years earlier the Court, speaking also by Justice Bradley, sustained a provision of the Bankruptcy Act of 1867 giving assignees a right to sue in State courts to recover the assets of a bankrupt. Said the Court: The statutes of the United States are as much the law of the land in any State as are those of the State; and although exclusive jurisdiction for their enforcement may be given to the federal courts, yet where it is not given, either expressly or by necessary implication, the State courts having competent jurisdiction in other respects, may be resorted to.[123] The Selective Service Act of 1917[124] was enforced to a great extent through State "employees who functioned under State supervision";[125] and State officials were frequently employed by the National Government in the enforcement of National Prohibition.[126] Nowadays, there is constant cooperation, both in peacetime and in wartime, in many fields between National and State Officers and official bodies.[127] This relationship obviously calls for the active fidelity
PREV.   NEXT  
|<   874   875   876   877   878   879   880   881   882   883   884   885   886   887   888   889   890   891   892   893   894   895   896   897   898  
899   900   901   902   903   904   905   906   907   908   909   910   911   912   913   914   915   916   917   918   919   920   921   922   923   >>   >|  



Top keywords:

National

 

Justice

 
courts
 

jurisdiction

 

Bradley

 

States

 

Constitution

 
cooperation
 

sovereignty

 

matter


officials

 

United

 

Government

 

expressly

 
enforcement
 

official

 

exclusive

 

bankrupt

 

federal

 

statutes


earlier

 

capacity

 
individual
 
obedience
 
speaking
 

assignees

 
recover
 

giving

 
sustained
 
provision

Bankruptcy
 

assets

 
constant
 
peacetime
 

wartime

 

Nowadays

 
frequently
 
employed
 

Prohibition

 
fields

active

 

fidelity

 

relationship

 

Officers

 

bodies

 

supervision

 
respects
 

resorted

 
competent
 

implication