A Brief Exposition of the Constitution of the United States With An Appendix C
A Brief Exposition of the Constitution of the United States With An Appendix C
James Bayard
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^4 POWERS OF THE INDIVIDUAL STATES. Concurrent As to the first two, there can be no doubt P^"'^'"^- that the jurisdiction of the States is taken away ; but it is sometimes questionable whether the grant of a particular power to the Union, is inconsistent with the exercise of the same power by the States, or whether their authority is concurrent. The doctrine adopted by the Supreme Court is, that the mere grant of a power to Congress does not imply a prohibition to the States to exercise the sam...e power ; the States re- tain concurrent authority with Congress, and may legislate upon the subject in the absence of congressional acts. But if Congress exer- cise its power, the States cannot enter upon the same ground and provide for the same objects. Thus Congress has power to provide for organizing, arming, and disciplining the mi- litia. This does not prevent the State from legislating upon the subject, if Congress do not. But if it do act upon this subject, the States have no right to do any thing further in relation to it.
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