n； represented by the Union； should continue to form a compact body； and to provide for the general exigencies of the people。 It was as impossible to determine beforehand； with any degree of accuracy； the share of authority which each of two governments was to enjoy； as to foresee all the incidents in the existence of a nation。
The obligations and the claims of the Federal Government were simple and easily definable； because the Union had been formed with the express purpose of meeting the general exigencies of the people； but the claims and obligations of the States were； on the other hand； complicated and various； because those Governments had penetrated into all the details of social life。 The attributes of the Federal Government were therefore carefully enumerated and all that was not included amongst them was declared to constitute a part of the privileges of the several Governments of the States。 Thus the government of the States remained the rule； and that of the Confederation became the exception。 *e
＇Footnote e： See the Amendment to the Federal Constitution； 〃Federalist；〃 No。 32； Story； p。 711； Kent's 〃Commentaries；〃 vol。 i。 p。 364。
It is to be observed that whenever the exclusive right of regulating certain matters is not reserved to Congress by the Constitution； the States may take up the affair until it is brought before the National Assembly。 For instance； Congress has the right of making a general law on bankruptcy； which； however； it neglects to do。 Each State is then at liberty to make a law for itself。 This 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 private individuals； and they cannot be advantageously maintained without the agency of a single head of a Government。 The exclusive right of making peace and war； of concluding treaties of commerce； of raising armies； and equipping fleets； was granted to the Union。 *h The necessity of a national Government was less imperiously felt in the conduct of the internal policy of society； but there are certain general interests which can only be attended to with advantage by a general authority。 The Union was invested with the power of controlling the monetary system； of directing the post office； and of opening the great roads which were to establish a communication between the different parts of the country。 *i The independence of the Government of each State was formally recognized in its sphere； nevertheless； the Federal Government was authorized to interfere in the internal affairs of the States *j in a few predetermined cases； in which an indiscreet abuse of their independence might compromise the security of the Union at large。 Thus； whilst the power of modifying and changing their legislation at pleasure was preserved in all the republics； they were forbidden to enact ex post facto laws； or to create a class of nobles in their community。 *k Lastly； as it was necessary that the Federal Government should be able to fulfil its engagements； it was endowed with an unlimited power of levying taxes。 *l
＇Footnote h： See Constitution； sect。 8； 〃Federalist；〃 Nos。 41 and 42； Kent's 〃Commentaries；〃 vol。 i。 p。 207； Story； pp。 358…382； Ibid。 pp。 409…426。＇
＇Footnote i： Several other privileges of the same kind exist； such as that which empowers the Union to legislate on bankruptcy； to grant patents； and other matters in which its intervention is clearly necessary。＇
＇Footnote j： Even in these cases its interference is indirect。 The Union interferes by means of the tribunals； as will be hereafter shown。＇
＇Footnote k： Federal Constitution； sect。 10； art。 I。＇
＇Footnote l： Constitution； sects。 8； 9； and 10； 〃Federalist；〃 Nos。 30…36； inclusive； and 41…44； Kent's 〃Commentaries；〃 vol。 i。 pp。 207 and 381； Story； pp。 329 and 514。＇
In examining the balance of power as established by the Federal Constitution； in remarking on the one hand the portion of sovereignty which has been reserved to the several States； and on the other the share of power which the Union has assumed； it is evident that the Federal legislators entertained the clearest and most accurate notions on the nature of the centralization of government。 The United States form not only a republic； but a confederation； nevertheless the authority of the nation is more central than it was in several of the monarchies of Europe when the American Constitution was formed。 Take； for instance； the two following examples。
Thirteen supreme courts of justice existed in France； which； generally speaking； had the right of interpreting the law without appeal； and those provinces which were styled pays d'etats were authorized to refuse their assent to an impost which had been levied by the sovereign who represented the nation。 In the Union there is but one tribunal to interpret； as there is one legislature to make the laws； and an impost voted by the representatives of the nation is binding upon all the citizens。 In these two essential points； therefore； the Union exercises more central authority than the French monarchy possessed； although the Union is only an assemblage of confederate republics。
In Spain certain provinces had the right of establishing a system of custom…house duties peculiar to themselves； although that privilege belongs； by its very nature； to the national sovereignty。 In America the Congress alone has the right of regulating the commercial relations of the States。 The government of the Confederation is therefore more centralized in this respect than the kingdom of Spain。 It is true that the power of the Crown in France or in Spain was always able to obtain by force whatever the Constitution of the country denied； and that the ultimate result was consequently the same； but I am here discussing the theory of the Constitution。
Federal Powers
After having settled the limits within which the Federal Government was to act； the next point was to determine the powers which it was to exert。
Legislative Powers *m
＇Footnote m： ＇In this chapter the author points out the essence of the conflict between the seceding States and the Union which caused the Civil War of 1861。＇＇
Division of the Legislative Body into two branches … Difference in the manner of forming the two Houses … The principle of the independence of the States predominates in the formation of the Senate … The principle of the sovereignty of the nation in the composition of the House of Representatives … Singular effects of the fact that a Constitution can only be logical in the early stages of a nation。
The plan which had been laid down beforehand for the Constitutions of the several States was followed； in many points； in the organization of the powers of the Union。 The Federal legislature of the Union was composed of a Senate and a House of Representatives。 A spirit of conciliation prescribed the observance of distinct princ