Page:Hawkins v. Filkins 01.pdf/15

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CASES IN THE SUPREME COURT.

Hawkins vs. Filkins.
[DECEMBER

could sustain and administer her local state government, notwithstanding the act of seeession.

There can be no question but that the federal government derived its entire power and authority from the constitution, and is limited, in the exercise of its powers, to the specified grants of power therein contained, and to such implied powers as are necessary to give effect to the expressly delegated powers. This is evident, as well from the express provision in the constitution, as from repeated decisions of the supreme court of the United States. McCulloch vs. the State of Marylaind, 4 Wheaton Rep. 316; Cadder and wife vs. Bull and wife, 3 Dallas Rep., 386; Martin vs. Hunter's Lessee, 1 Wheaton Rep., 325. In the last mentioned case, Mr. Justice STORY said: "The government of the United States can claim no powers which are not granted to it by the constitution, and the powers must be such as are expressly given, or given by necessary implication."

It is equally clear, that these limited powers all relate, solely, to national purposes. This is plainly shown by the powers enumerated: "to lay and collect taxes;" "to borrow money;" "to regulate commerce;" "to coin money;" "to establish post offices and post roads;" "to establish courts, inferior to the supreme court; "to declare war;" "to provide for, and maintain a navy;" are some of the most important powers delegated to the United States government; which, with all others, will be found to be strictly national. At the time the constitution was framed and adopted, there was a pressing necessity for conferring powers for national objects; but none, whatever, for conferring upon the national government, local municipal powers, because the state governments were already in existence, and were admitted to be fully competent to manage their internal affairs.

But limited and defined as these powers were, they were, by an express provision in the constitution, together with all the laws of the United States made in pursuance thereof, declared to be the supreme law of the land, and that the judges in every state shall be bound thereby, any thing in the laws or constitution of