The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
117. A corporation created by a State is a citizen of that State
for many purposes, but cannot be a citizen of another State because
created by the former State. Outside of the State of its creation
it is a foreign corporation and possesses only such privileges as
are granted to it. This means that rights, privileges, judgments
accruing to or possessed by a corporation, say created by Pennsylvania
and in Pennsylvania, do not accrue to and are not possessed by that
corporation, say in Ohio, unless conferred by Ohio and possessed by
the corporation within Ohio, under laws of Ohio, and by decision of
Ohio courts. The principle here is the familiar one of jurisdiction.
No State has power beyond its own jurisdiction and “the courts of no
country execute the penal laws of another.”[293]
The suability of a State involves its sovereignty and its honor and
good faith. The constitutional law of America is that a State in the
Union cannot be compelled to perform its contracts, although attempts
on its part to avoid them may be judicially resisted, and State laws
impairing the obligation of contracts are void. Yet the legislative
department of a State represents its polity and its will and by
every principle of justice is called upon to hold public obligations
inviolate.
Any departure from this rule, except for reasons most cogent (of
which the Legislature and not the courts, is the judge) never fails
in the end to incur the odium of the world, and to bring lasting
injury upon the State itself. But to deprive the Legislature of
the power of judging what the honor and safety of the State may
require, even at the expense of a temporary failure to discharge
the public debts, would be attended with greater evils than such
failure can cause.[294]
118. The judicial power of the United States extends, under the
Constitution to controversies between _citizens of different States_
and the Judiciary Act confers jurisdiction strictly within the meaning
of the term.[295]
_States_, as the word is used in the Constitution, means only members
of the Union; a Territory is not a State; the citizen of a Territory is
not a citizen of a State and any controversy at law which he may have
with another person is not “a controversy between citizens of different
States,” and therefore does not come within the judicial jurisdiction
of the United States. Of course the limitation applies to artificial
persons,—corporations created by a State.
A corporation is not a citizen of the State and it cannot maintain
a suit in a court of the United States against the citizen of a
different State from that by which it was chartered, unless the
persons who compose the corporate body are all citizens of that
State.[296]
The jurisdiction of American courts is co-extensive with the power that
creates them. Thus the jurisdiction of federal courts depends in no way
upon the State, and State judges “possess an absolute independence of
the United States.”
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