Ex Parte Siebold

In the Court's majority opinion in Siebold, written by Justice Bradley, the Court stressed that federal and state power could certainly overlap--as long as it was understood that federal power always took precedence. The Court vehemently argued that the federal government could use any means it chose, including physical force, to make sure its laws were obeyed.

Why do we have marshals at all, if they cannot physically lay their hands on persons and things in the performance of their proper duties? What functions can they perform, if they cannot use force? In executing the processes of the courts, must they call on the nearest constable for protection? Must they rely on him to see the requisite compulsion whilst they are soliciting and entreating the parties and bystanders to allow the law to take its course? . . . If we indulge in such impracticable views as these . . . we shall drive the national government out of the United States, and relegate it to the District of Columbia, or perhaps to some foreign soil. We shall bring it back to a condition of greater helplessness than that of the old confederation.