overnments. * * *
It seems to be often overlooked that a national constitution
has been adopted in this country, establishing a real
government therein, operating upon persons and territory and
things, and which, moreover, is, or should be, as dear to
every American citizen as his State government is. Whenever
the true conception of the nature of this Government is
once conceded, no real difficulty will arise in the just
interpretation of its powers; but if we allow ourselves to
regard it as a hostile organization, opposed to the proper
sovereignty and dignity of the State governments, we shall
continue to be vexed with difficulties as to its jurisdiction
and authority. No greater jealousy is required to be exercised
toward this Government in reference to the preservation of
our liberties than is proper to be exercised toward the State
governments. Its powers are limited in number and clearly
defined, and its action within the scope of those powers is
restrained by a sufficiently rigid bill of rights for the
protection of its citizens from oppression. The true interests
of the people of this country require that both the National
and State Governments should be allowed, without jealous
interference on either side, to exercise all the powers which
respectively belong to them according to a fair and practical
construction of the Constitution. State rights and the rights
of the United States should be equally respected. Both
are essential to the preservation of our liberties and
the perpetuity of our institutions. But in endeavoring to
vindicate the one we should not allow our zeal to nullify or
impair the other. * * *
The true doctrine, as we conceive, is this, that while the
States are really sovereign as to all matters which have not
been granted to the jurisdiction and control of the United
States, the Constitution and constitutional laws of the latter
are, as we have already said, the supreme law of the land,
and when they conflict with the laws of the States they are
of paramount authority and obligation. This is the fundamental
principle on which the authority of the Constitution is based,
and unless it be conceded in practice as well as theory the
fabric of our institutions, as it was contemplated by its
founders, can not stand. The questions involved have respect
not more to the autonomy and existence of the States than to
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