Page:Nature and Character of our Federal Government.djvu/78

 nor State has an independent right to "construe," and still less to "control," the constitutional obligations of that government, and that neither a citizen nor a State can "judge," that is, decide, on the nature and extent of those obligations, with a view to control them. All that has ever been contended for is, that a State has a right to judge of its own obligations, and, consequently, to judge of those of the federal government, so far as they relate to such State itself, and no farther. It is admitted on all hands, that when the federal government transcends its constitutional power, and when, of course, it is not acting within its "obligations," the parties to that government, whoever they may be, are no longer under any duty to respect or obey it. This has been repeatedly affirmed by our courts, both State and federal, and has never been denied by any class of politicians. Who then is to determine, whether it has so transcended its constitutional obligations or not? It is admitted that to a certain extent the supreme court is the proper tribunal in the last resort, because the States, in establishing that tribunal, have expressly agreed to make it so. The jurisdiction of the federal courts extends to certain cases, affecting the rights of the individual citizens, and to certain others affecting those of the individual States. So far as the federal government is authorized to act on the individual citizen, the powers of the one and the rights of *the other, are properly determinable by the federal courts. And the decision is binding too, and absolutely final, so far as the relation of the citizen to the federal government is concerned. There is not, within that system, any tribunal of appeal, from the decisions of the supreme court. And so also of those cases in which the rights of the States are referred to the federal tribunals. In this sense, and to this extent, it is strictly true that the parties have not "an independent right to construe, control and judge, of the obligations" of the federal government, but they are bound by the decisions of the federal courts, so far as they have authorized and agreed to submit to them. But there are many cases involving the question of federal power which are not cognizable before the federal courts; and, of course, as to these, we must look out for some other umpire. It is precisely in this case that the question, who are the parties to the constitution, becomes all important and