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The same reasoning that applies to the individual person applies to the individual state. A very broad twilight zone exists in which it is difficult to distinguish where state right ends and federal right begins. Deprived of the privilege of its day in court, each state would be compelled to submit to the exactions of the Congress or resort to resistance by force. On the other hand, the legislatures of states, and sometimes the people, through the initiative and referendum, may pass laws which are very injurious to the minority residents of that state, by attempting to take away the privilege which they hold under the Federal Constitution. Except for the courts, such a minority would have no remedy for wrong done them. Their ultimate refuge is the Supreme Court of the United States. (en) |