Williamson v. New Jersey, 130 U. S., 189.... Winona R. R. Co. v. Blake, 94 U. S., 180.... .153, 188 309 .153, 183, 353 237 231, 246 240, 307 88 172 .197, 254, 257 .145, 148 .98, 218, 290 375 Y. Yarborough, Er parte, 110 U. S., 651.. 16 Yerger, Ex parte, 8 Wall., 85...... .134, 388 Yesler v. Harbor Line Com'rs, 146 U. S., 646.. 344 Yick Wo v. Hopkins, 118 U. S., 356.. 337 York v. Texas, 137 U. S., 15.. 369 CONSTITUTION OF THE UNITED STATES WITH ANNOTATION OF THE DECISIONS OF THE SUPREME COURT THEREON. PREAMBLE. "We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America." 1. The Constitution emanated from the people, not the State legislatures.-1. "The Convention which framed the Constitution was, indeed, elected by the State legislatures. But the instrument, which came from their hands, was a mere proposal, without obligation or pretensions to it. It was reported to the then existing Congress of the United States, with a request that it might be submitted to a Convention of Delegates, chosen in each State by the people thereof under the recommendation of its legislatures, for their assent and ratification. 2. "This mode of proceeding was adopted, and by the Convention, by Congress, and by the State legislatures the instrument was submitted to the people. They acted upon it, in the only manner in which they can act safely, effectively and wisely, on such a subject, by assembling in convention. It is true they assembled in their several States, and where else should they have assembled ? No political dreamer was ever wild enough to think of breaking down the lines which separated the States, and of compounding the American people into one common mass. Of consequence, when they act they act in their States. But the measures they adopt do not, on that account, cease to be the measures of the people themselves or become the measures of the State government. 3. "From these conventions the Constitution derives its whole authority. The government proceeds directly from the people; is ordained and established in the name of the people; and is declared to be ordained, 'in order to form a more perfect union, establish justice, insure domestic tranquility, and secure the blessings of liberty to ourselves and our posterity.' The assent of the States in their sovereign capacity is in calling the convention, and thus submitting that instrument to the people. But the people were at perfect liberty to accept or reject it, and their act was final. It required not the affirmance and could not be negatived by the State governments. The Constitution was thus adopted. 4. "It has been said, that the people had already surrendered all their powers to the State sovereignties and had nothing more to give. But, surely, the question whether they may resume and modify the powers granted to government does not remain to be settled in this country. Much more might the legitimacy of the general government be doubted had it been created by the States. The powers delegated to the State sovereignties are to be exercised by themselves, not by a distinct and independent sovereignty created by themselves. For the formation of a league such as was the confederation the State sovereignties were certainly competent. But when, in order to form a more perfect union,' it was deemed necessary to change this alliance into an effective government, possessing great and sovereign pow ers and acting directly on the people, the necessity of referring it to the people, and of deriving its powers directly from them was felt and acknowledged by all.” Ch. J. Marshall, M'Culloch v. Maryland, 4 Wheat., 404. 5. "The Constitution of the United States was ordained and established by the people of the United States, for themselves, for their own government and not for the government of the individual States." "The people of the United States framed such a government for the United States as they supposed best adapted to the situation and best calculated to promote their interests." Ch. J. Marshall, in Barron v. Mayor, etc., of Baltimore, 7 Peters, 242. See Story on Constitution, Secs. 351, 367. 6. "The Constitution of the United States was ordained and established, not by the States in their sovereign capacities, but emphatically as the preamble of the Constitution declares, by the people of the United States.'" Martin v. Hunter, 1 Wheat., 304324. Mr. Tucker, in his Constitution of the United States, enters into an elaborate discussion. His contention is that the preamble means that the people of each of the States, by a convention thereof, ordained and established the Constitution. Tucker on Const., Secs. 123, 187. His view is that it was the people of each of the States rather than the people of the United States. 7. The United States constitute one nation.-"The people of the United States constitute one nation under one government, and this government within the scope of the powers with which it is invested is supreme. the other hand, the people of each State compose a State, On |