e constitution
was, to leave with the States all authorities which respected their
own citizens only, and to transfer to the United States those which
respected citizens of foreign or other States: to make us several as
to ourselves, but one as to all others. In the latter case, then,
constructions should lean to the general jurisdiction, if the words will
bear it; and in favor of the States in the former, if possible to be so
construed. And indeed, between citizens and citizens of the same
State, and under their own laws, I know but a single case in which a
jurisdiction is given to the General Government. That is, where any
thing but gold or silver is made a lawful tender, or the obligation of
contracts is any otherwise impaired. The separate legislatures had so
often abused that power, that the citizens themselves chose to trust
it to the general, rather than to their own special authorities. 2. On
every question of construction, carry ourselves back to the time when
the constitution was adopted, recollect the spirit manifested in the
debates, and instead of trying what meaning may be squeezed out of the
text, or invented against it, conform to the probable one in which it
was passed. Let us try Cohen's case by these canons only, referring
always however, for full argument, to the essays before cited.

1. It was between a citizen and his own State, and under a law of his
State. It was a domestic case therefore, and not a foreign one.

2. Can it be believed, that under the jealousies prevailing against
the General Government, at the adoption of the constitution, the States
meant to surrender the authority of preserving order, of enforcing moral
duties, and restraining vice, within their own territory? And this is
the present case, that of Cohen being under the ancient and general law
of gaming. Can any good be effected, by taking from the States the moral
rule of their citizens, and subordinating it to the general authority,
or to one of their corporations, which may justify forcing the meaning
of words, hunting after possible constructions, and hanging inference on
inference, from heaven to earth, like Jacob's ladder? Such an intention
was impossible, and such a licentiousness of construction and inference,
if exercised by, both governments, as may be done with equal right,
would equally authorize both to claim all powers, general and
particular, and break up the foundations of the Union. Laws are made for
men of ord