2940. FEDERAL GOVERNMENT, State Governments and.—[further continued] .
The radical idea of the
character of the Constitution of our government,
which I have adopted as a key in cases
of doubtful construction, is, that the whole
field of government is divided into two departments,
domestic and foreign (the States
in their mutual relations being of the latter);
that the former department is reserved exclusively
to the respective States within their
own limits, and the latter assigned to a separate
set of functionaries, constituting what
may be called the foreign branch, which, instead
of a federal basis, is established as a
distinct government quoad hoc, acting as the
domestic branch does on the citizens directly
and coercively; that these departments have
distinct directories, coordinate and equally
independent and supreme, each in its own
sphere of action. Whenever a doubt arises
to which of these branches a power belongs,
I try it by this test. I recollect no case where
a question simply between citizens of the
same State, has been transferred to the foreign
department, except that of inhibiting tenders
but of metallic money, and ex post facto legislation.—
To Edward Livingston. Washington ed. vii, 342.
Ford ed., x, 300.
(M.
1824)
