Democracy in America — Volume 1Tocqueville, Alexis de
History
Democracy in America — Volume 1
Tocqueville, Alexis de
Democracy -- United States; United States -- Politics and government; United States -- Social conditions
The Union itself may be invoked in legal proceedings, and in this case
it would be alike contrary to the customs of all nations and to common
sense to appeal to a tribunal representing any other sovereignty than
its own; the Federal courts, therefore, take cognizance of these
affairs.
When two parties belonging to two different States are engaged in a
suit, the case cannot with propriety be brought before a court of
either State. The surest expedient is to select a tribunal like that of
the Union, which can excite the suspicions of neither party, and which
offers the most natural as well as the most certain remedy.
When the two parties are not private individuals, but States, an
important political consideration is added to the same motive of
equity. The quality of the parties in this case gives a national
importance to all their disputes; and the most trifling litigation of
the States may be said to involve the peace of the whole Union. *f
f
[ The Constitution also says that the Federal courts shall decide
“controversies between a State and the citizens of another State.” And
here a most important question of a constitutional nature arose, which
was, whether the jurisdiction given by the Constitution in cases in
which a State is a party extended to suits brought against a State as
well as by it, or was exclusively confined to the latter. The question
was most elaborately considered in the case of Chisholm v. Georgia, and
was decided by the majority of the Supreme Court in the affirmative.
The decision created general alarm among the States, and an amendment
was proposed and ratified by which the power was entirely taken away,
so far as it regards suits brought against a State. See Story’s
“Commentaries,” p. 624, or in the large edition Section 1677.]
The nature of the cause frequently prescribes the rule of competency.
Thus all the questions which concern maritime commerce evidently fall
under the cognizance of the Federal tribunals. *g Almost all these
questions are connected with the interpretation of the law of nations,
and in this respect they essentially interest the Union in relation to
foreign powers. Moreover, as the sea is not included within the limits
of any peculiar jurisdiction, the national courts can only hear causes
which originate in maritime affairs.
g
[ As for instance, all cases of piracy.]
The Constitution comprises under one head almost all the cases which by
their very nature come within the limits of the Federal courts. The
rule which it lays down is simple, but pregnant with an entire system
of ideas, and with a vast multitude of facts. It declares that the
judicial power of the Supreme Court shall extend to all cases in law
and equity arising under the laws of the United States.
Two examples will put the intention of the legislator in the clearest
light:
Public-domain text, read in full here on John Shaqi.
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