"Being thus derived from the same source as the constitutions of
the States, it has within each State the same authority as the
constitution of the State, and is as much a constitution in the
strict sense of the term, within its prescribed sphere, as the
constitutions of the States are within their respective spheres;
but with this obvious and essential difference, that, being a
compact among the States in their highest capacity, and
constituting the people thereof one people for certain purposes,
it cannot be altered or annulled at the will of the States
individually, as the constitution of a State may be at its
individual will.
"2. And that it divides the supreme powers of government between
the government of the United States and the governments of the
individual States, is stamped on the face of the instrument; the
powers of war and of taxation, of commerce and treaties, and
other enumerated powers vested in the government of the United
States, are of high and sovereign a character as any of the
powers reserved to the State governments."
Mr. Jefferson, Mr. Webster, Chancellor Kent, Judge Story, and
nearly all the old Republicans, and even the old Federalists, on
the question as to what is the actual constitution of the United
States, took substantially the same view; but they all, as well
as Mr. Madison himself, speak of the written constitution, which
on their theory has and can have only a conventional value.
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