Marshall's 1819 opinion you can parse very carefully, and square it with 4CJ's quote that appears to, but doesn't, contradict it. But there is no way to square Justice Story's 1816 quote with Marshall's, as 4CJ pointed out above, or with Justice Thomas's recent construction of the same question. I would have to say, then, that Justice Story just got it wrong, and that, the Preamble aside, the construction of the Sovereignty question should be as it is illustrated by 4CJ's Marshall and Thomas quotes.
I thought I should go back and address that point myself, although 4CJ has already done so.
"LG"
All I've seen from you and 4CJ is a lot of verbiage trying to prove that a duck is not a duck.
Next, you'll be telling us that "E Pluribus Unum" means something else besides what it clearly states. This is one country, and the sovereignty is based on all the people.
The states are not totally sovereign, and certainly not completely sovereign. The Articles of Confed showed that to be unworkable.
I mention Jefferson Davis a lot in this context. He clearly held that the federal government had the power to coerce the states in the matter of conscription. I know that as a slave holder, Davis gets a free ride. But was he wrong?
I will readily grant you that the feds are out of control today, but the intent of the framers is clear. While the states should have as muh power over their citizens as posible, as T. Jefferson said, the federal government has ultimate power. This is what Marshall said in Cohens. It's what Jay said in Chisholm and what Story said in Martin.A nd it is what Jefferson Davis wrote to Governor Brown of Georgia.
You can say it doesn't quack like a duck or walk like a duck all you want, but it's still a duck.
Walt