Page:James Bryce American Commonwealth vol 1.djvu/342

320 VIII. It is a further consequence of this principle that the National government has but little to do with the States as States. Its relations are with their citizens, who are also its citizens, rather than with them as ruling commonwealths. In the following points, however, the Constitution does require certain services of the States:—

It requires each State government to direct the choice of, and accredit to the seat of the National government, two senators and so many representatives as the State is entitled to send.

It requires similarly that presidential electors be chosen, meet, and vote in the States, and that their votes be transmitted to the national capital.

It requires each State to organize and arm its militia, which, when duly summoned for active service, are placed under the command of the President.

It requires each State to maintain a republican form of government. (Conversely, a State may require the National government to protect it against invasion or domestic violence.)

Note in particular that the National government does not as in some other federations—

Call upon the States, as commonwealths, to contribute funds to its support:

Issue (save in so far as may be needed in order to secure a republican form of government) administrative orders to the States, directing their authorities to carry out its laws or commands:

Require the States to submit their laws to it, and veto such as it disapproves.

The first two things it is not necessary for the National government to do, because it levies its taxes directly by its own collectors, and enforces its laws, commands, and judicial decrees by the hands of its own servants. The last can be dispensed with because the State laws are ipso jure invalid, if they conflict with the Constitution or any treaty or law duly made under it (Art. vi. § 2), while if they do not so conflict they are valid, any act of the National government notwithstanding.

Neither does the National government allow its structure to