nor the other, it cannot be transferred at all; as it is impossible to conceive to whom else the transfer could have been made. It must, therefore, and of course, remain unsurrendered and unimpaired in the people of the several States — to whom, it is admitted, it appertained when the constitution was adopted.
Having now established that the powers delegated to the United States, were delegated to them in their confederated character, it remains to be explained in what sense they were thus delegated. The constitution here, as in almost all cases, where it is fairly interpreted, furnishes the explanation necessary to expel doubt. Its first article, already cited, affords it in this case. It declares that "all legislative power herein granted (delegated), shall be vested in the Congress of the United States;" that is, in the Congress for the time being. It also declares, that "the executive power shall be vested in the President of the United States" — and that "the judicial power shall be vested in a Supreme Court, and such inferior courts, as Congress may, from time to time, ordain and establish." They are then delegated to the United States, by vesting them in the respective departments of the government, to which they appropriately belong; to be exercised by the government of the United States, as their joint agent and representative, in their confederated character. It is, indeed, difficult to conceive how else it could be delegated to them — or in what other way they could mutually participate in the exercise of the powers delegated. It has, indeed,
