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3. The decision of Congress is binding on every other department of government.

4. Congress may delegate this power to the President, and when he decides which of two contending and alleged State organizations constitute the State government, his decision, under the Act of Feb. 28th, 1795 (1 Stats. at L., 424), is conclusive on the courts of the United States. Luther v. Borden, 7 How., 33, 42.

The relation of States to the Union.-(1) When Texas became one of the States of the United States, she entered into an indissoluble relation. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. The Act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final. The Union between Texas and the other States was as complete, as perpetual, and as indissoluble as the Union between the original States.

(2) The Ordinance of Secession was therefore void, absolutely null as a transaction under the Constitution.

(3) Texas, in legal contemplation, continued to be a State in the Union.

(4) When Texas attempted to secede and entered into a hostile confederacy and waged war upon the United States her rights as a member of the Union were suspended.

(5) These new relations imposed new duties on the United States, first, to suppress the rebellica; second, to re-establish the Union.

(6) The authority for performance of the second obligation was derived from the obligation of the United States to guaranty to every State in the Union a republican form of government.

(7) The power to carry into effect the guaranty clause is primarily a legislative power, and resides in Congress. For, as the United States must necessarily guaranty to each State a republican government, Congress must necessgarily decide what government is established in the State, before it can decide whether it is republican in form, or not. Texas v. White, 7 Wall., 700, 726, 730.

The Kentucky election case.—The guaranty of a republican form of government to each State by Art. IV, Sec. 4, giloes not confer on the Supreme Court of the United States jurisdiction to review the decision of the highest court of a State sustaining the determination of a can vassing board or tribunal created under the State Constitution. It does not deny the right of the people to choose their own officers. Taylor v. Beckham, 178 U.S., 548.

Justice Brewer with Brown dissented from the view that the court had no jurisdiction but held that the decision of the Kentucky court should be affirmed. He cited the cases of Kennard v. Louisiana, 92 U. S., 480 ; Foster v. Kansas, 112 U. S., 201, and Boyd v. Nebraska,



cision of Congress is binding on every other 143 U. S. f government. tained juris may delegate this power to the President, prived of offidecides which of two contending and

izations constitute the State govern

ler the Act of Feb. 28th, 1795 Akonclusive on the courts of the

rden, 7 How., 33, 42. AMENDMENT OF the Union.-(1) When “The Congress, whenever twof the United States, shall deem it necessary, shall pro

All the oblin it necessary, shall prition. this Constitution, or, on the applicatus tures of two-thirds of the several stue a convention for proposing amendments, me case, shall be valid to all intents and purpose

a compact; this Constitution, when ratified by the legio

the politthree-fourths of the several States, or by conie

en Texas three-fourths thereof, as the one or the other mou

"bual, and fication may be proposed by the Congress; provi no amendment which may be made prior to the

re void, thousand eight hundred and eight shall in any 1,

tution. affect the first and fourth clauses in the ninth secti the first article; and that no State, without its con. shall be deprived of its equal suffrage in the Senate.”

er n° 1 States.



As to the date of ratification of each of the amente ments to the Constitution, see post, p. 386.



“All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution as under the Confederation.

"This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

"The Senators and Representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States."

Acts of Congress prevail over State laws, etc.—When a State statute and a Federal statute operate upon the same subject matter and prescribe different rules, and the Federal statute is one that Congress can pass the State statute must give way. Gulf, etc., R’y Co. v. Hefley, 158 U. S., 98.

A law of Maryland, imposing a tax on a branch of the United States Bank, held invalid. M'Culloch v. Maryland, 4 Wheat., 316. “The government of the Union, though limited in its powers, is supreme within its sphere of action. This would seem to result necessarily from its nature. It is the government of all; its powers are delegated by all; it represents all, and acts for all.

The nation, on those subjects on which it can act, must necessarily bind its component parts. But this question is not left to mere reason; the people have, in express terms, declared it by saying, “this Constitution and the laws of the United States which shall be made in pursuance thereof, shall be the supreme law of the land." Id., 405, 406.

The States must conform to the decisions of the Supreme Court of the United States as to the unconstitutionality of an act. Cook v. Moffat, 5 How., 295, 405.

The act of Congress of Feb. 17th, 1793, providing for the enrollment and license of persons engaged in the coasting trade is the supreme law of the land. Sinnot v. Com’rs, etc., of Mobile, 22 How., 227. The act of the Alabama legislature requiring vessels in such trade to register at a State office, under penalty, is void. Id. Foster v. Same, 22 How., 244.

The government of the United States has jurisdiction over every foot of its soil and acts directly upon each citizen. In re Debs, 158 U. S., 564.

When courts give effect to treaties.—A treaty is pri

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