The United States of America, Part 1: 1783-1830Sparks, Edwin Erle
History
The United States of America, Part 1: 1783-1830
Sparks, Edwin Erle
United States -- History
The Federal judiciary, as the most novel feature, was apt, in making
a place for itself, to come into conflict with older agencies. Within
three years it gave a hearing to a citizen of South Carolina, who had
sued the sovereign State of Georgia on a money claim for damages.
Although the Constitution implicitly gave jurisdiction to the Supreme
Court over controversies between a State and citizens of another State,
the Legislature of South Carolina refused to pay attention to the suit,
insisting that the retained sovereignty of the State could not be
impaired by a clause of the Constitution. By four to one, the justices
of the Supreme Court held that South Carolina, by the act of entering
the Federal Union, was bound by all provisions of the Constitution.
Justice Wilson, of Pennsylvania, thought the question involved even
a higher point--do the people of the United States form a nation? Many
commentators on the Constitution before its adoption, including even
Hamilton himself, in commenting on this clause had assured the people
that it was not rational to suppose a sovereign State could be dragged
before the national tribunal. Yet it had been done within three years
after being put in force.
It is indicative of the prevalence of State-sovereignty feeling at the
time to note the general alarm caused by this decision. An eleventh
amendment to the Constitution, forbidding a State to be sued before
the Federal courts by non-residents, immediately passed the Senate by
a vote of twenty-three to two and the House by eighty-one to nine. It
was ratified by every State except New Jersey, Pennsylvania, and
Tennessee. The speed with which this remedy was applied gave confidence
in amendments for the future. But the number of amendments must be
endless if each aggression of the judiciary was to be met in this
manner.
Public-domain text, read in full here on John Shaqi.
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