g this provision the Court under Taney sometimes talked as if
it regarded all the reserved powers of the States as limiting national
power; at other times it talked as if it regarded certain subjects as
reserved exclusively to the States, slavery being, of course, the
outstanding instance.[11]

But whether following the one line of reasoning or the other, the Taney
Court subtly transformed its function, and so that of Judicial Review,
in relation to the Federal System. Marshall viewed the Court as
primarily an organ of the National Government and of its supremacy. The
Court under Taney regarded itself as standing outside of and above both
the National Government and the States, and as vested with a
quasi-arbitral function between two centers of diverse, but essentially
equal, because "sovereign", powers. Thus in Ableman _v._ Booth, which
was decided on the eve of the War between the States, we find Taney
himself using this arresting language:

This judicial power was justly regarded as indispensable, not
merely to maintain the supremacy of the laws of the United
States, but also to guard the States from any encroachment
upon their reserved rights by the general government.... So
long ... as this Constitution shall endure, this tribunal must
exist with it, deciding in the peaceful forms of judicial
proceeding, the angry and irritating controversies between
sovereignties, which in other countries have been determined
by the arbitrament of force.[12]

It is, therefore, the Taney Court, rather than the Marshall Court, which
elaborated the concept of Dual Federalism. Marshall's federalism is more
aptly termed national federalism; and turning to modern issues, we may
say without exaggeration that the broad general constitutional issue
between the Court and the Franklin D. Roosevelt program in such cases as
Schechter Corp. _v._ United States and Carter _v._ Carter Coal Co.[13]
was, whether Marshall's or Taney's brand of federalism should prevail.
More precisely, the issue in these cases was whether Congress' power to
regulate commerce must stop short of regulating the employer-employee
relationship in industrial production, that having been hitherto
regulated by the States. In Justice Sutherland's words in the Carter
case:

Much stress is put upon the evils which come from the struggle
between employers and employees over the matter of wages,
working conditions,