This right is claimed as resulting, from the rights and powers which the several States had when they formed the Constitution; and from the nature and purposes of the Union created by the Constitution, as shown by its face and by the history of its formation and adoption.
In the first place, each State was, at the time of the adoption of the Constitution, a sovereign and independent State, and acted as such in adopting the Constitution. This is manifest—from the Declaration of Independence, which proclaims the several States to be “free and independent States”—from the second of the Articles of Confederation of 1778, which declares that “each State retains its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not thereby expressly delegated to the United States”—from the treaty of peace with Great Britain, after the close of the war of the revolution, recognising each State by name as a “free, sovereign and independent State”—and finally, by the sanction of the Supreme Court of the United States, in the early history of the Union, in the case of Ware vs. Hylton, 3d Dallas’ Rep., 199, in which it is held by Judge Chase, that the effect of the Declaration of Independence was “not that the united colonies jointly, in a collective capacity, were independent States, but that each State of them was a sovereign and independent State”—a doctrine recognised by numerous subsequent decisions of that Court.
Where is that 3/4 permission rule stated please? I want to
see it for myself.