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Updated: May 25, 2025
Yet the argument on the other side must be, that, although the Constitution has sedulously guarded and limited the first of these powers, it has left the last wholly unlimited and uncontrolled. But although much has been said, in the discussion on former occasions, about this supposed concurrent power in the States, I find great difficulty in understanding what is meant by it.
Also that, with the full perfection and beauty of that soul, attained by the concurrent action of "Nature" and "Grace," a character would be formed like nothing else which is visible in this world, and having a mode of action different, inasmuch as complementary to all inferior modes of action.
"And this House does further declare, That a State can exist or cease to exist only by the will of the people within its limits, and that it cannot be created or destroyed by the external force or opinion of other States, or even by the judgment or action of the nation itself; that a State, when created by the will of its people, can become a member of the American Union only by its own organized action and the concurrent action of the existing National Government, that, when a State has been admitted to the Union, no vote, resolution, ordinance, or proceeding on its part, however formal in character or vigorously sustained, can deprive the National Government of the legal jurisdiction and sovereignty over the territory and people of such State which existed previous to the act of admission, or which were acquired thereby; that the effect of the so-called acts, resolutions and ordinances of secession adopted by the eleven States engaged in the present rebellion is, and can only be, to destroy those political organizations as States, while the legal and constitutional jurisdiction and authority of the National Government over the people and territory remain unimpaired; that these several communities can be organized into States only by the will of the loyal people, expressed freely and in the absence of all coercion; that States so organized can become States of the American Union only when they shall have applied for admission, and their admission shall have been authorized by the existing National Government; that, when a people have organized a State upon basis of allegiance to the Union and applied for admission, the character of the institutions of such proposed State may constitute a sufficient justification for granting or rejecting such application; and, inasmuch as experience has shown that the existence of human slavery is incompatible with a republican form of government, in the several States or in the United States, and inconsistent with the peace, prosperity and unity of the nation, it is the duty of the people and of all men in authority, to resist the admission of slave States wherever organized within the jurisdiction of the National Government."
I regard with favor the application made by the Korean Government to be allowed to employ American officers as military instructors, to which the assent of Congress becomes necessary, and I am happy to say this request has the concurrent sanction of China and Japan.
Indeed, the very reading of the clause in the Constitution must put to flight this notion of a general concurrent power. The Constitution was formed for all the States; and Congress was to have power to regulate commerce. Now, what is the import of this, but that Congress is to give the rule, to establish the system, to exercise the control over the subject?
A method by which the federal power and jurisdiction have been much extended has been the occupation by Congress, through legislation of an exclusive character, of fields where the states had exercised a concurrent jurisdiction. A familiar example is found in federal bankruptcy laws. Another and striking example is the so-called "Carmack Amendment" of the federal Interstate Commerce law.
As with the Chimpanzee, the whole of the narrow, long sole of the foot is placed upon the ground at once and raised at once, without any elasticity of step." After this mass of concurrent and independent testimony, it cannot reasonably be doubted that the Gibbons commonly and habitually assume the erect attitude.
This was the rule which provided that if, at the count, any question should arise as to counting any vote offered, the Senate and House should separate, and each should vote on the question of receiving or not receiving the vote; and it should not be received and counted except by concurrent assent.
Notwithstanding the crushing magnitude of the disaster and the concurrent sorrow of his wife's illness, which soon issued in her death, he deliberately set himself to the herculean task of working off his debts, asking only that time might be given him. The secret of his authorship was now, of course, revealed, and his efforts were crowned with a marvellous measure of success.
Another passage to the same purpose I find in a memorandum, which he seems to have written for his own use, dated Monday, March 11, which I perceive, from many concurrent circumstances, must have been in the year 1722-3. "This day," says he, "having been to visit Mrs.
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