Notes

In Dobbins V. Erie Co. Com'rs., 16 Pet. 435, Justice Nelson for the Court stated:

"The general government and the states, although both exist within the same territorial limits, are separate and distinct sovereignties, acting separately and independently of each other, within their respective spheres. The former in its appropriate sphere is supreme; but the states, within the limits of their powers not granted, or, in the language of the tenth amendment, 'reserved,' are as independent of the general government as that government, within its sphere, is independent of the states." 11 Wall. 124.

As stated by Justice O'Connor in Heath v. Alabama, 474 U.S. 82 (1985):

"It is axiomatic that '[i]n America, the powers of sovereignty are divided between the government of the Union, and those of the States. They are each sovereign, with respect to the objects committed to it, and neither sovereign with respect to the objects committed to the other.' McCulloch v. Maryland, 4 Wheat. 316, 410 (1819). It is as well established that the States, 'as political communities, [are] distinct and sovereign, and consequently foreign to each other.' Bank of United States v. Daniel, 12 Pet. 32, 54 (1838). See also Skiriotes v. Florida, 313 U.S., at 77; Coyle v. Oklahoma, 221 U.S., at 567. The Constitution leaves in the possession of each State 'certain exclusive and very important portions of sovereign power.' The Federalist No. 9, p. 55 (J. Cooke ed. 1961)..."