make rules for the government and regulation of the land and naval forces; provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions; provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of officers and the authority of training the militia according to the discipline prescribed by Congress; and make all laws necessary and proper for carrying into execution the foregoing powers and all other powers vested in the Government of the United States.

Such are the ample and diversified powers of Congress, embracing all those powers which enter into sovereignty.  With the concession of these to the United States there seems to be little left for the several States.  In the power to “declare war” and to “raise and support armies,” Congress possesses an exclusive power, in itself immense and infinite, over persons and property in the several States, while by the power to “regulate commerce” it may put limits round about the business of the several States.  And even in the case of the militia, which is the original military organization of the people, nothing is left to the States except “the appointment of the officers,” and the authority to train it “according to the discipline prescribed by Congress.”  It is thus that these great agencies are all intrusted to the United States, while the several States are subordinated to their exercise.

Constantly, and in everything, we behold the constitutional subordination of the States.  But there are other provisions by which the States are expressly deprived of important powers.  For instance:  “No State shall enter into any treaty, alliance, or confederation; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts.”  Or, if the States may exercise certain powers, it is only with the consent of Congress.  For instance:  “No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power.”  Here is a magistral power accorded to Congress, utterly inconsistent with the pretensions of State Rights.  Then, again:  “No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any State on imports or exports shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.”  Here, again, is a similar magistral power accorded to Congress, and, as if still further to deprive the States of their much vaunted sovereignty, the laws which they make with the consent