The Selective Service Act of 1917[124] was enforced to a great extent through State "employees who functioned under State supervision";[125] and State officials were frequently employed by the National Government in the enforcement of National Prohibition.[126] Nowadays, there is constant cooperation, both in peacetime and in wartime, in many fields between National and State Officers and official bodies.[127] This relationship obviously calls for the active fidelity of both categories of officialdom to the Constitution.
Notes
[1] On the supremacy of treaties over conflicting State law, see pp. [414-418]. The supremacy due to treaties has, within recent years, been extended to certain executive agreements. See Justice Douglas in United States v. Pink, 315 U.S. 203 (1942). As to the supremacy of Congressional legislation implementing the national judicial power, see Tennessee v. Davis, 100 U.S. 257, 266-267 (1880); and Ex parte Siebold, 100 U.S. 404 (1880).
[2] 4. Wheat. 316 (1819). Marshall had anticipated his argument in this case in 1805, in United States v. Fisher, 2 Cr. 358 (1805), in which he upheld the act of 1797 asserting for the United States a priority of its claims over those of the States. See Chief Justice Taft's opinion in Spokane County v. United States, 279 U.S. 80, 87 (1929), where United States v. Fisher is followed; also 1 Warren, Supreme Court in United States History, 372, 538 ff.
[3] 9 Wheat. 1 (1824).
[4] 4 Wheat. 316, 436 (1819).
[5] 9 Wheat. 1, 210-211 (1824).
[6] 11 Pet. 102 (1837).
[7] Ibid. 139.
[8] Ibid. 161.