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Quote by Joseph Story

“The state governments have a full superintendence and control over the immense mass of local interests of their respective states, which connect themselves with the feelings, the affections, the municipal institutions, and the internal arrangements of the whole population. They possess, too, the immediate administration of justice in all cases, civil and criminal, which concern the property, personal rights, and peaceful pursuits of their own citizens.”

Quote by Joseph Story

Work

Commentaries on the Constitution of the United States: With a Preliminary Review of the Constitutional History of the Colonies and States, Before the Adoption of the Constitution

This scholarly work delves into the foundational legal document of the United States, offering in-depth commentary and historical perspective on the Constitution's origins and development. more

Author

Joseph Story
Joseph Story

Joseph Story was a distinguished figure in the early history of the United States. He served as an Associate Justice of the Supreme Court of the United States from 1812 to 1845. His contributions to American law and legal thought were significant, and he is remembered for his influential writings on constitutional law and his role in shaping the early decisions of the Supreme Court. more

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“In the next place, the state governments are, by the very theory of the constitution, essential constituent parts of the general government. They can exist without the latter, but the latter cannot exist without them.”

“In the first place, it is to be remembered, that the general government is not to be charged with the whole power of making and administering laws. Its jurisdiction is limited to certain enumerated objects, which concern all the members of the republic, but which are not to be attained by the separate provisions of any.”

“When you assemble from your several counties in the Legislature, were every member to be guided only by the apparent interest of his county, government would be impracticable. There must be a perpetual accomodation and sacrifice of local advantage to general expediency.”

“The local interest of a State ought in every case to give way to the interests of the Union. For when a sacrifice of one or the other is necessary, the former becomes only an apparent, partial interest, and should yield, on the principle that the smaller good ought never to oppose the greater good.”

“The true test is, whether the object be of a local character, and local use; or, whether it be of general benefit to the states. If it be purely local, congress cannot constitutionally appropriate money for the object. But, if the benefit be general, it matters not, whether in point of locality it be in one state, or several; whether it be of large, or of small extent.”

“To attach full confidence to an institution of this nature, it appears to be an essential ingredient in its structure, that it shall be under private and not a public direction-under the guidance of individual interest, not of public policy; which, would be . . . liable to being too much influenced by public necessity.”

“The proposed Constitution, so far from implying an abolition of the State governments, makes them constituent parts of the national sovereignty, by allowing them a direct representation in the Senate, and leaves in their possession certain exclusive and very important portions of sovereign power. This fully corresponds, in every rational import of the terms, with the idea of a federal government.”

“Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act. In this relation, then, the new Constitution will, if established, be a FEDERAL, and not a NATIONAL constitution.”