WRIGHT— LIMITATIONS UPON STATE POWERS. 169 



the national government comes from the federal Constitution either 

 by express or implied delegation. The authority for all powers 

 exercised by state governments comes from their own Constitutions 

 and may include all governmental powers the exercise of which 

 does not conflict with the full exercise of its delegated powers by 

 the national government, and is not expressly prohibited by the 

 federal Constitution. This theory of the division of governmental 

 authority between national and state governments is set forth in 

 the tenth amendment and the sixth article of the federal Con- 

 stitution. 



" The powers not delegated to the United States by the Constitution, 

 nor prohibited by it to the States, are reserved to the States respectively 

 or to the people- 



" This Constitution, and the Laws of the United States which shall 

 be made in Pursuance thereof; and all Treaties made, or which shall be 

 made, under the Authority of the United States, shall be the supreme law 

 of the Land ; and the Judges in every State shall be bound thereby, any 

 Thing in the Constitution or Laws of any State to the Contrary notwith- 

 standing." 



The system may be characterized by the three phrases : national 

 delegated powers, state residual powers, and national supremacy.^ 



42. Constitutional Prohibitions of State Power. 



Restrictions upon the exercise of state power may exist by virtue 

 of (i) express or implied constitutional prohibitions or (2) as a 

 result of action taken by national governmental organs. Consti- 

 tutional restrictions may be expressed in the state's own Constitu- 

 tion or in the federal Constitution. In the latter are several 

 express restrictions upon the exercise of state power. Some are for 

 the protection of private rights such as the prohibition of laws im- 

 pairing the obligation of contracts, ex post facto laws and laws de- 

 priving persons of life, liberty and property without due process of 

 law.* Others are intended to insure the centralization of power 

 in matters of national interest, especially in the control of for- 

 eign relations. Such are the prohibitions against treaty making, 

 war making, import, export and tonnage duties. ° In addition are 



^ See Willoughby, Const. Law, pp. 53. 78. 



* Constitution, Art. I, sec. 10, cl. i. Amendment XIV. 



5 Ibid., Art. I, sec. 10. 



