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Fiske, John, 1842-1901

"Civil Government in the United States Considered with Some Reference to Its Origins"

In the United States only
two of these twelve great subjects could be dealt with by the federal
government: the repeal of the corn laws, as being a question of national
revenue and custom-house duties, and the abolition of slavery, by virtue
of a constitutional amendment embodying some of the results of our Civil
War. All the other questions enumerated would have to be dealt with by
our state governments; and before the war that was the case with the
slavery question also. A more vivid illustration could not be asked for.
[Footnote 14: Jameson, "The Study of the Constitutional
History of the States" _J.H.U. Studies_, IV., v.]
How complete is the circle of points in which the state touches the
life of the American citizen, we may see in the fact that our
state courts make a complete judiciary system, from top to bottom
independent of the federal courts.[15] An appeal may be carried from
a state court to a federal court in cases which are found to involve
points of federal law, or in suits arising between citizens of
different states, or where foreign ambassadors are concerned. Except
for such cases the state courts make up a complete judiciary world of
their own, quite outside the sphere of the United States courts.


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