by the constitution to the National
Government? Second, What is the real nature of our Union; and, arising
under this problem, What is the extent to which the States are justified
in opposing what they believe to be unconstitutional acts on the part of
the National Government; and, Can a State or States, as a last resort,
withdraw from the Union? The remainder of this chapter will be mainly
devoted to a more particular examination of these questions.

What are the legitimate powers of the United States Government?

The United States government was the result of the union of thirteen
independent colonies--a union voluntary on the part of the colonies, yet
forced upon them by the evident need of some central power strong enough
to enforce obedience at home and demand respect abroad. The
determination of what and how many the national powers should be, was
the work of the Constitutional Convention. Of the difficulties of this
task we have already spoken.

In forming a scheme for a central government, there was the double
necessity of creating a government strong enough to perform the duties
for which it was established, and yet not so strong as to endanger the
free self-government of the States. The delicate point to be adjusted
was to give to the Federal Government only such powers as were necessary
for the establishment of an effective National Government, and, as far
as possible, to retain in the States their full governmental powers; in
other words, to harmonize federal strength with State sovereignty.

The fear exhibited by the States in the debates preceding the adoption
and ratification of the constitution of 1787, that the National
Government might become too strong at the expense of their own powers of
government, was not set at rest by the compromises obtained in the
convention, nor by the eleven amendments adopted soon after the
inauguration of the new government. The reason for the continuance of
this fear is that the constitution is so worded that the powers of the
general government are not precisely fixed.

The statement sometimes loosely made that a description of our
government is contained in the constitution, is apt to be misleading.
The constitution has served rather as a foundation upon which to build
the government, than as an entire framework. As a distinguished writer
has termed it, "The constitution was meant only as a scheme in outline,
to be filled up afterwards, and from time to time, by leg