It is of a power to protect all persons in their rights of person or property. It is not a power to create new rights, but only to protect those which exist and are established by the laws under which these people live.
He places himself on higher ground than the President, who is simply an executive officer. He assumes, directly or indirectly, all the authority of the State, legislative, executive, and judicial, and in effect declares, ‘I am the State’…
12 U.S. Op Atty. Gen. 182 (1867)
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