For many purposes, the States are independent sovereigns and not under
Federal control. They have lost the powers which the people in the
Constitution gave to the Central Government; but in the field of powers
left to them each is supreme within its own limits, and by the exercise
of that power may trespass on the exercise of similar power by its
neighbor. How is such a conflict to be settled? It may be by diplomacy,
i.e., by negotiation and compromise agreement, but this under the
Constitution must be with the consent of Congress. It might be settled by
war, but the Constitution forbids. And the State invaded by the forces of
another State can appeal to the General Government to resist and suppress
the invasion, no matter what the merits of the quarrel. In other words,
one of the attributes of sovereignty and independence which the people in
ordaining the Constitution took away from the States was the unlimited
power to make agreements between each other as to their respective
rights, and the other was that of making war on each other when other
means of settlement failed.
What did the people through the Constitution substitute for these
attributes of unrestricted diplomatic negotiation and compromise and
the right to go to war over such interstate issues? The right of the
complaining State to hale the offending State before the Supreme Court
and have the issue decided by a binding judgment.
Now, can the complaining State bring every issue between it and another
State before the Supreme Court? No. The only issues which the Court
can hear and decide are questions which in their nature are capable
of judicial solution. Mr. Justice Bradley first called such questions
“justiciable,” and Chief Justice Fuller and Mr. Justice Brewer used the
same term. There are issues between States of a character which would
be likely to lead to high feeling and to war if they arose between
independent sovereignties, and which the Supreme Court cannot decide
because they are not capable of judicial solution. In such cases between
States of course there can be no war, because the Federal Government
would suppress it. Therefore, if an amicable understanding cannot be
reached, the States are left with an unsettled dispute between them and
no way of deciding it. They must put up with the existing state of things.
Public-domain text, read in full here on John Shaqi.
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