The American Constitutional System; An Introduction to the Study of the American State

Cover The American Constitutional System; An Introduction to the Study of the American State
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By these the Union was solemnly declared to 'be per- petual.' And when these Articles were found to be inadequate to the exigencies of the country, the Con- stitution was ordained 'to form a more perfect Union.' It is difficult to convey the idea of indissolu- ble unity more clearly than by these words. What can be more indissoluble, if a perpetual union, made more perfect, is not? But the perpetuity and indissolu- bility of the Union by no means implies the loss of distinct and individual exis...tence or of the right of self-government by the States. Under the Articles of Confederation, each State retained its sovereignty, freedom, and independence, and every power, juris- diction and right not expressly delegated to the United States. Under the Constitution, though the powers of the States were much restricted, still, all powers not delegated to the United States, nor prohibited to the States, are reserved to the States respectively, or to the people. And we have already had occasion to re- mark at this term, that 'the people of each State com- pose a State, having its own government, and en- dowed with all the functions essential to separate and independent existence,' and that 'without the States in Union,' there would be no such political body as the United States (Lane County v.

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