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[Institution’s Name]
Essay on Arkansas War with the States
Many different persons have argued the topic of state sovereignty, in various distinct ways, and for many divergent purposes. The question has been alive since the founding fathers placed their names and fortunes to the Declaration of Independence in 1776. Nevertheless, if one had taken the time closely to study the past and in particular the Constitution of 1789, the whole argument would be a debatable point since legally each of the several states which make up the union known as the United States of America is in fact sovereign and independent. Many statesmen and renowned constitutional authorities held this position, both north and south, as undeniable until 1865 when the Federal Government unconstitutionally grabbed the sovereignty and independence of eleven of those states.
Jefferson's draft of the Declaration declares the sovereignty of the new States thus: finally we do assert and declare these colonies to be free and independent states, and that as free and independent states they shall hereafter have the power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do. (Grady, p.325). The federal government was seen only as an agent for the sovereign states and was bound to represent all of them equally when using the powers delegated to it. "The compact provided no forum to adjudicate the constitutionality of the laws of the United States and of the States when they were in conflict, because the Supreme Court, as part of the subordinate government, could not bind the sovereign states. State courts could ignore federal court decisions that tried to bind them. (Benedict, p.7)
Under the Articles of Confederation, the Congress was the representative of each of the sovereign states and as such had legislative, executive, and in some cases judicial powers granted it......
