The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
We hold it to be an incontrovertible principle that the Government
of the United States may, by means of physical force, exercised
through its official agents, execute on every foot of American
soil the powers and functions that belong to it. This necessarily
involves the power to command obedience to its laws....[288]
It is a fundamental of our constitutional law that no suit can be
maintained against the United States, in any court, without express
authority of Congress; and the United States cannot be sued in the
courts of any State in any case.[289] It is the sovereign right of the
United States not to be sued. To the extent that a State is sovereign
it has the same right, and “These States are constituent parts of the
United States. They are members of one great empire—for some purposes
sovereign, for some purposes subordinate.”[290] The physical boundaries
of a State, constituting a political, not a judicial question, must
be determined by legislative authority, yet if the United States is a
party to a case involving the issue of territorial boundary, the case
falls within the judicial power,—that is, within the jurisdiction of
the courts of the Union.
The States of the Union have agreed in the Constitution that
the judicial power of the United States shall extend to _all_
cases arising under the Constitution, laws, and treaties of the
United States, without regard to the character of the parties
(excluding of course, suits against a State by its own citizens,
or by citizens or subjects of foreign states), and equally to
controversies to which the United States shall be a party, without
regard to the subject of such controversies, and that (the Supreme
Court) may exercise original jurisdiction in all such cases [in
which a State shall be a party] without excluding those in which
the United States may be the opposite party.[291]
In other words, the United States possesses adequate governmental
authority and jurisdiction to secure the large purposes outlined in
the Preamble to the Constitution. The United States has judicial
jurisdiction in all cases arising under the Constitution, the laws and
the treaties of the United States “whoever may be the parties.”[292]
This principle is of far-reaching effect; no party can be exempt.
Public-domain text, read in full here on John Shaqi.
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