al theory of this school is that
the National Government was formed _by the people_ as a whole, and not
by the States. That the States accepted this government, but were in no
sense parties to an agreement between them and the Nation. According to
this view, the Union began with the first acts of resistance taken in
common by the colonies, and is thus, in a sense, older than the state
governments, which were not formed until after the Declaration of
Independence. Also, that when the States gave in 1788 their consent to
the constitution, their consent was irrevocable. Two quotations from
decisions rendered by the Supreme Court of the United States will make
clear the arguments and theory of the Unionists.

Said Chief Justice Marshall:[1] "The convention which promulgated the
constitution was indeed elected by the state legislatures, but the
instrument when it came from their hands, was a mere proposal, without
obligations or pretentious to it. It was reported to the then existing
Congress of the United States, with a request that it might 'be
submitted to a convention of delegates chosen in each State by the
people thereof, under recommendation of its legislature for their assent
and ratification.' This mode of proceeding was adopted, and by the
conventions, by Congress, and by the state legislatures, the instrument
was submitted to the people. They acted upon it in the only way in which
they can act safely, effectually, and wisely on such a subject, by
assenting in convention. It is true they assembled in their several
States, an where could they have assembled? From these conventions the
constitution derives its whole authority. The government proceeds
directly from the people. The assent of the States in their sovereign
capacity is implied in calling the convention, and thus submitting that
instrument to the people. But the people were at perfect liberty to
accept or reject it, and their decision was final. It required not the
affirmance of, and could not be negatived by, the state governments. The
constitution when adopted was of complete obligation, and bound the
state sovereignties. The government of the Union then, is emphatically
and truly a government of the people. In form and in substance it
emanates from them. Its powers are granted by them, and are to be
exercised directly on them, and for their benefit."

[Footnote 1: _McCulloch_ v. _Md._, 4 Dall., 316.]

Said Chief Justice Chase:[1] "The union of the Sta