Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
Speaking of the language of the amendment, Chief Justice Marshall said
in the case of Cohens _vs._ Virginia: "It is a part of our history,
that, at the adoption of the Constitution, all the states were greatly
indebted; and the apprehension that these debts might be prosecuted in
the federal courts formed a very serious objection to that instrument.
Suits were instituted, and the court maintained its jurisdiction.
The alarm was general; and, to quiet the apprehensions that were so
extensively entertained, this amendment was proposed in Congress,
and adopted by the state legislatures. That its motive was not to
maintain the sovereignty of a state from the degradation supposed to
attend a compulsory appearance before the tribunal of the nation, may
be inferred from the terms of the amendment. It does not comprehend
controversies between two or more states, or between a state and a
foreign state. The jurisdiction of the court still extends to these
cases: and in these a state may still be sued. We must ascribe the
amendment, then, to some other cause than the dignity of a state. There
is no difficulty in finding this cause. Those who were inhibited from
commencing a suit against a state, or from prosecuting one which might
be commenced before the adoption of the amendment, were persons who
might probably be its creditors. There was not much reason to fear that
foreign or sister states would be creditors to any considerable amount,
and there was reason to retain the jurisdiction of the court in those
cases, because it might be essential to the preservation of peace. The
amendment, therefore, extended to suits commenced or prosecuted by
individuals, but not to those brought by states.
"The first impression made on the mind by this amendment is, that
it was intended for those cases, and for those only, in which some
demand against a state is made by an individual in the courts of the
Union. If we consider the causes to which it is to be traced, we are
conducted to the same conclusion. A general interest might well be felt
in leaving to a state the full power of consulting its convenience in
the adjustment of its debts or of other claims upon it; but no interest
could be felt in so changing the relations between the whole and its
parts, as to strip the government of the means of protecting, by the
instrumentality of its courts, the Constitution and laws from active
violation."[25]
Public-domain text, read in full here on John Shaqi.
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