instructing its Senators in Congress, and requesting its members of the House of Representatives, to oppose them — and other means of a like character; not because they are of no avail, but because they are utterly impotent to arrest the strong and steady tendency of the government of the United States to encroach on the reserved powers; however much they may avail, in particular instances. To rely on them to counteract a tendency so strong and steady, would be as idle as to rely on reason and justice, as the means to prevent oppression and abuse of power on the part of government, without the aid of constitutional provisions. Nothing short of a negative, absolute or in effect, on the part of the government of a State, can possibly protect it against the encroachments of the government of the United States, whenever then-powers come in conflict. That there is, in effect, a mutual negative on the part of each, in such cases, is what I next propose to show.
It results from their nature; from the relations which subsist between them; and from a law universally applicable to a division of power. I will consider each in the order stated.
That they are both governments, and, as such, possess all the powers appertaining to government, within the sphere of their respective powers — the one as fully as the other — cannot be denied. Nor can it be denied that, among the other attributes of government, they possess the right to judge of the extent of their respective powers, as it regards each other. In addition to this, it may be affirmed as
