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
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