point has been established by
discussion in the law-courts, and may be said to belong more properly to
jurisprudence.]

But as it was foreseen that, in practice, questions might arise as to
the exact limits of this exceptional authority, and that it would be
dangerous to submit these questions to the decision of the ordinary
courts of justice, established in the States by the States themselves,
a high Federal court was created, *f which was destined, amongst other
functions, to maintain the balance of power which had been established
by the Constitution between the two rival Governments. *g

[Footnote f: The action of this court is indirect, as we shall hereafter
show.]

[Footnote g: It is thus that "The Federalist," No. 45, explains the
division of supremacy between the Union and the States: "The powers
delegated by the Constitution to the Federal Government are few and
defined. Those which are to remain in the State Governments are numerous
and indefinite. The former will be exercised principally on external
objects, as war, peace, negotiation, and foreign commerce. The powers
reserved to the several States will extend to all the objects which,
in the ordinary course of affairs, concern the internal order and
prosperity of the State." I shall often have occasion to quote "The
Federalist" in this work. When the bill which has since become the
Constitution of the United States was submitted to the approval of
the people, and the discussions were still pending, three men, who
had already acquired a portion of that celebrity which they have since
enjoyed--John Jay, Hamilton, and Madison--formed an association with
the intention of explaining to the nation the advantages of the measure
which was proposed. With this view they published a series of articles
in the shape of a journal, which now form a complete treatise. They
entitled their journal "The Federalist," a name which has been retained
in the work. "The Federalist" is an excellent book, which ought to
be familiar to the statesmen of all countries, although it especially
concerns America.]

Prerogative Of The Federal Government

Power of declaring war, making peace, and levying general taxes vested
in the Federal Government--What part of the internal policy of the
country it may direct--The Government of the Union in some respects more
central than the King's Government in the old French monarchy.

The external relations of a people may be compared to those of