Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/361

 CH. III.] to withdraw from it at pleasure, and repeal its operation; and that a party to the compact had a right to revoke that compact. The only places, where the terms, confederation or compact, are found in the constitution, apply to subjects of an entirely different nature, and manifestly in contradistinction to constitution. Thus, in the tenth section of the first article it is declared, that "no state shall enter into any treaty, alliance, or confederation;" "no state shall, without the consent of congress, &c. enter into any agreement or compact with another state, or with a foreign power." Again, in the sixth article it is declared, that "all debts contracted, and engagements entered into, before the adoption of this constitution, shall be as valid against the United States under this constitution, as under the confederation." Again, in the tenth amendment it is declared, that "the powers not delegated by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." A contract can in no just sense be called a delegation of powers.

§ 354. But that, which would seem conclusive on the subject, (as has been already stated,) is, the very language of the constitution itself, declaring it to be a supreme fundamental law, and to be of judicial obligation, and recognition in the administration of justice. "This constitution," says the sixth article, "and the laws of the United States, which shall be made in pursuance thereof, and all treaties made, or which shall be made under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary 41