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al theory of this school is that the National Government was formed _by the people_ as a whole, and not by the States. That the States accepted this government, but were in no sense parties to an agreement between them and the Nation. According to this view, the Union began with the first acts of resistance taken in common by the colonies, and is thus, in a sense, older than the state governments, which were not formed until after the Declaration of Independence. Also, that when the States gave in 1788 their consent to the constitution, their consent was irrevocable. Two quotations from decisions rendered by the Supreme Court of the United States will make clear the arguments and theory of the Unionists. Said Chief Justice Marshall:[1] "The convention which promulgated the constitution was indeed elected by the state legislatures, but the instrument when it came from their hands, was a mere proposal, without obligations or pretentious to it. It was reported to the then existing Congress of the United States, with a request that it might 'be submitted to a convention of delegates chosen in each State by the people thereof, under recommendation of its legislature for their assent and ratification.' This mode of proceeding was adopted, and by the conventions, by Congress, and by the state legislatures, the instrument was submitted to the people. They acted upon it in the only way in which they can act safely, effectually, and wisely on such a subject, by assenting in convention. It is true they assembled in their several States, an where could they have assembled? From these conventions the constitution derives its whole authority. The government proceeds directly from the people. The assent of the States in their sovereign capacity is implied in calling the convention, and thus submitting that instrument to the people. But the people were at perfect liberty to accept or reject it, and their decision was final. It required not the affirmance of, and could not be negatived by, the state governments. The constitution when adopted was of complete obligation, and bound the state sovereignties. The government of the Union then, is emphatically and truly a government of the people. In form and in substance it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit." [Footnote 1: _McCulloch_ v. _Md._, 4 Dall., 316.] Said Chief Justice Chase:[1] "The union of the Sta
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