The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
97. This Amendment is a limitation of the judicial power delegated
to the government of the United States and save in some particulars
of applied judicial jurisdiction as original or appellate, is the
only limitation. On the principle that the government of the United
States “must possess all the means and have a right to resort to all
the methods of executing the powers with which it is intrusted that
are possessed and exercised by the governments of the particular
States,”[246] the judicial power vested in the federal courts must
be sufficient for all the functions and purposes of the federal
government. The judicial power of the United States extends to all
cases, in law and equity, arising under the Constitution, the laws of
the United States, and the treaties made under its authority; to all
cases affecting ambassadors, other public ministers and consuls; to
all cases of admiralty and maritime jurisdiction; to controversies to
which the United States is a party; to controversies between two or
more States; between citizens of different States; between citizens
of the same State claiming lands under grants from different States,
and between a State, or its citizens, and foreign states, citizens, or
subjects, save and except as jurisdiction is limited by the Eleventh
Amendment.[247]
98. It will be observed that the judicial power thus delegated to
the United States includes jurisdiction over cases arising outside
the domain strictly included (as popularly understood) within the
government of the United States. That government is, of necessity and
by its nature, a distinct government, possessing powers and functions
and purposes of its own, delegated and set forth in the Constitution.
Fundamentally there is a government of the United States distinct
from the government of the States. The judicial power of the United
States includes jurisdiction over controversies to which States are a
party,—that is, to controversies to which the United States is not a
party. The jurisdiction here has no reference to the controversy but to
the status of the parties to the controversy.
99. _The Federalist_ sets forth the principle here involved:
If there are such things as political axioms, the propriety of
the judicial power of a government being co-extensive with its
legislative, may be ranked among the number. The mere necessity of
uniformity in the interpretation of the national laws decides the
question. Thirteen (1787; forty-eight, 1917) independent courts of
final jurisdiction over the same causes, is a hydra in government,
from which nothing but contradiction and confusion can proceed.[248]
This aspect of the judicial power of the United States concerns the
interpretation of the supreme law. One purpose of that law is “to
insure domestic tranquillity,”—that is, the peace of the Union.[249]
Public-domain text, read in full here on John Shaqi.
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