the delegated and reserved powers, as to the extent of their respective limits, in favor of the former. For this purpose, it was necessary to provide for an appeal from the State courts, whenever their decisions were in favor of the power of the States, or adverse to the power of the United States. In no other cases was it necessary; and, hence, probably, the reason why it was limited to these, notwithstanding the alleged object. Uniformity of decision required it to embrace, not only these, but the reverse cases. As it stands, it enables the Supreme Court of the United States, in all cases of conflict between the two powers, coming within the provisions of the section, to overrule the decisions of the courts of the States, and to decide, exclusively, and in the last resort, as to the extent of the delegated powers.
The object of the section was, doubtless, to prevent collision between the federal and State governments — the delegated and reserved powers — by giving to the former (and by far the stronger), through the Supreme Court — the right, under the color of an appeal, to decide as to the extent of the former — and to enforce its decisions against the resistance of a State. The expedient may, for a time, be effectual; but must, in the end, lead to collisions of the most dangerous character. It should ever be borne in mind, that collisions are incident to a division of power — but that without division of power, there can be no organization; and without organization, no constitution; and without this no liberty. To prevent collision, then, by destroying the division of power, is, in effect, to substitute an absolute for a
