Also known as: summae potestatis · supreme power · sovereignty
Written by attorneys · grounded in primary & secondary sources — see below
The supreme or final authority within a governmental system.
Congress imposed preclearance on only some states using 1970s data. Samuel Soto, a state election official, refused to seek federal approval for a new polling rule. The court held that the selective regime exceeded federal power because states retain final authority over their internal voting procedures absent current justification.
Mitchell obtained a judgment against nonresident Neff by publication in Oregon. Neff later sued in federal court to recover land sold to satisfy the judgment. The court ruled that Oregon lacked final authority to bind Neff without proper personal jurisdiction.
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Maryland imposed a tax on the Second Bank of the United States. Bank cashier McCulloch refused payment. The Supreme Court held that the states lack final authority to tax an instrument created by Congress under its enumerated powers.
West Virginia required public school students to salute the flag. The Barnette children refused on religious grounds. The Court ruled that the state lacked final authority to compel speech when it conflicted with individual constitutional rights.
Congress passed a statute allowing one house to veto an INS deportation suspension. Chadha challenged the veto after the House acted. The Court held that Congress lacks final authority to alter legal rights through a one-house legislative veto.
Tennessee voters sued state officials over grossly unequal legislative districts. The state argued the matter was nonjusticiable. The Court held that federal courts possess final authority to decide whether state apportionment violates equal protection.
It identifies the location of ultimate governmental authority. In the United States, that authority is divided between the federal government and the states under the Constitution, with neither possessing complete supremacy over the other in all matters.
Equal sovereignty limits Congress from treating states unequally without extraordinary justification. When Congress attempts to single out some states for special oversight using outdated data, it improperly assumes final authority over state functions reserved by the Tenth Amendment.
Congress holds enforcement power under those amendments, but that power is remedial and must respect state sovereignty. Legislation that commandeers state officials or relies on stale data exceeds the final authority Congress may exercise.
…premise was that the Constitution created a form of government under which "The people, not the government, possess the absolute sovereignty." The structure of the government dispersed power in reflection of the people's distrust of concentrated power, and of power itself at all levels. This form of government was "altogether…