ments in Virginia
quickly rallied to the support of the judges, and the Supreme Court
found itself face to face with an incensed public opinion in the Old
Dominion. In no wise daunted by this opposition, the Supreme Court
reviewed its position in 1816 and again ordered the execution of its
judgment.

Five years later, Chief Justice Marshall rendered a similar decision in
the case of _Cohens_ v. _Virginia_. The counsel for the Commonwealth had
argued that the appellate jurisdiction conferred by the Constitution on
the Supreme Court was merely authority to revise the decisions of the
inferior courts of the United States. "Congress," it was contended, "is
not authorized to make the supreme court or any other court of a State
an inferior court.... The inferior courts spoken of in the Constitution
are manifestly to be held by federal judges." "It is the case, not the
court, that gives jurisdiction," replied Marshall. "The courts of the
United States can, without question, revise the proceedings of the
executive and legislative authorities of the States, and if they are
found to be contrary to the Constitution may declare them to be of no
legal validity. Surely the exercise of the same right over judicial
tribunals is not a higher or more dangerous act of sovereign power."

It was in the course of this decision that Marshall asserted in
unmistakable language the sovereignty of the National Government. "The
people made the Constitution and the people can unmake it.... But this
supreme and irresistible power to make or to unmake resides only in the
whole body of the people; not in any subdivision of them. The attempts
of any of the parts to exercise it is usurpation, and ought to be
repelled by those to whom the people have delegated the power of
repelling it.... The framers of the Constitution were indeed unable to
make any provisions which should protect that instrument against a
general combination of the States, or of the people for its destruction;
and conscious of this inability, they have not made the attempt. But
they were able to provide against the operation of measures adopted in
any one State, whose tendency might be to arrest the execution of the
laws; and this it was the part of wisdom to attempt. We think they have
attempted it."

Between these notable Virginia cases was decided, in 1819, the case of
_M'Culloch_ v. _Maryland_, in which the Chief Justice sustained the
constitutionality of the act establishing t