Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
[96] In two classes of these cases, namely, those in which ambassadors,
other public ministers, and consuls are parties and those in which a
state is a party, the Supreme Court has _original_ jurisdiction, that
is, the right to hear and determine the case in the first instance. But
that does not mean that the Supreme Court has exclusive jurisdiction in
such cases. Other federal courts may try such cases, and as a matter of
fact few original suits have ever been brought in the Supreme Court. In
the other classes of cases mentioned, the Supreme Court has _appellate_
jurisdiction (with such exceptions as Congress may make), that is, such
cases must be commenced in the lower courts, from which they may be
taken on appeal to the Supreme Court.
The wisdom and propriety of giving the federal courts jurisdiction over
all such cases are obvious, since they involve either national,
interstate, or international questions. Manifestly, the state courts
could not properly be left to determine finally controversies involving
the meaning or the application of provisions of the federal
Constitution, laws, or treaties, since in that case they would not be
what they are declared to be, namely, the supreme law of the land.
Conflicting decisions would be rendered by the courts of different
states, and in case of inconsistency between state constitutions and
laws on the one hand and the federal Constitution, laws, and treaties on
the other, the state courts would be under the temptation to uphold the
validity of the former.
_The Eleventh Amendment._--As originally adopted, the Constitution
permitted suits to be brought in the federal courts against a state by
citizens of another state or by citizens of foreign countries, and when
a suit brought against the state of Georgia in 1793 by a citizen of
South Carolina named Chisholm for the recovery of a debt was actually
entertained by the Supreme Court, widespread popular indignation
followed the decision. The authorities of Georgia felt that it was
derogatory to the dignity of a sovereign state that it should be made
the defendant in a suit brought by a private individual, and a demand
was made that the Constitution be amended so as to prevent such "suits"
in the future. As a result of this demand, the Eleventh Amendment was
adopted in 1798 which declared that the judicial power of the United
States should not be construed to extend to suits brought against a
state by citizens of another state or of a foreign country. Nevertheless
while a state cannot be made a defendant in a federal court at the
instance of a private individual of another state, the federal courts
may entertain jurisdiction of suits between a state and a citizen of
another state provided the state is the plaintiff.
Public-domain text, read in full here on John Shaqi.
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