National Supremacy: Treaty Power Vs: State Power (Classic Reprint).pdf
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Publisher: Forgotten Books (26 Nov. 2015)
By: Edward S. Corwin (Author)
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The main purpose of the following study is to investigate the relation of the national treaty-power to State power. In the view of the framers of the Constitution, State power could not limit the National Government in the exercise of its granted powers. Of this view Article VI, paragraph 2 of the Constitution, is the authoritative statement. This paragraph at once recognizes the 'reserved powers' of the States and provides that when any exercise of those powers comes into collision with a constitutional exercise of its powers by the National Government, the former must yield. Subsequently, however, with the development of the doctrine of State rights, the notion arose that the States possessed certain powers which were by nature inalienable and which, therefore, had never been alienated. From this notion it was further deduced that the National Government could not constitutionally so exercise any of its powers as to effect a control of subject-matter already under control by a State in the exercise of one of these inalienable 'police powers.'
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