Gibbons v. Ogden · ¶125

It has been contended, that the grants of power to the United States over any subject, do not, necessarily, paralyze the arm of- the States, or deprive them of the capacity to act on the same subject. That this can be the effect only.of prohibitory provisions in their own constitutions, or in that of the general government. The vis vites, of power is still existing in the States, if not extinguished by the constitution of the United States. That, although as to all those grants of power which may be called aboriginal, with relation to the government, brought into existence by the constitution, they, of course, are out of the reach of State power; yet, as to all concessions of powers which previously existed in the» States, it was otherwise. The practice of our government cer-

U. S. Reports, bound volume
U. S. Reports, volume 22, at 1 (Library of Congress) · transcription: Caselaw Access Project
Passage preview. Read in context for the complete text, notes and references.