The Piqua Branch of the State Bank of Ohio v. Jacob Knoup, Treasurer of Miami County
6 Ohio Reports 342 (1856)
[6 Ohio 342, 404] From what has been said, it must be apparent, that the government of the United States was ordained and established by the people of the several states as distinct, independent, and sovereign communities; and that while the governments of the several states derive their respective powers from the people as individuals united under the social compact in their respective states, the government of the United States derives its powers from the states as organized communities, united by federal compact. Each state government is a government of a community of people, while that of the United States is a government of a community of states. A state government and the United States government are operative in each state; and each has its distinct, independent sphere of action. The main objects of the authority of the general government, are the relations of the states with each other, and with foreign nations, and the common defense and welfare of the federal Union; leaving the internal affairs and domestic interests of the people of each state to the authority of the state government. The delegated powers appertaining to government are divided between these two governments, and each is divested of what the other possesses; each acting for itself, and by its own separate authority, the powers of each being entirely distinct and independent of theother, it follows of necessity, that the two governments are equal and co-ordinate governments in each state of the Union; each paramount and supreme within the sphere of its powers. The confederation which preceded the constitution of the United States, was subordinate to the state governments, upon which, to a great extent, it was dependent. To remedy the deficiencies of the confederation, [6 Ohio 342, 405] the powers delegated by the constitution were made independent of the states. So that the government of the Union and that of the several states, having each distinct and independent powers, and each distinct and independent spheres of action, became equal and co-ordinate governments. It follows, as a necessary consequence, that each of the two governments being independent of the other, each must be supreme within the sphere of its operations, and neither can be subordinate to the other. So that the judicial, as well as the legislative and executive powers of each, must of necessity be not only entirely distinct and separate, but also independent of each other.
This view of the subject, so far as the separate, independent, and co-ordinate judicial power of the two governments is involved, is fully sustained by judicial decisions in both the state and in the federal courts. In the case of Martin v. Hunter, 1 Wheat. 304, the Supreme Court of the United States declare the doctrine, that Congress can not vest any portion of the judicial power of the United States in any courts, except those which are ordained and established under the Constitution of the United States. It is universally admitted, that while Congress can impose no jurisdiction on the state courts, it is equally incompetent for a state legislature to impose jurisdiction on the federal courts.
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