Controversies between one State and another, or its citizens, which are
not justiciable or capable of judicial solution find examples in the
suits brought before the Supreme Court. One case of which the Supreme
Court refused to take jurisdiction was Wisconsin vs. the Pelican
Insurance Company (1 U. S.), in which the State of Wisconsin sought to
enforce against a Louisiana insurance company a judgment rendered in a
Wisconsin court for penalties imposed by a Wisconsin statute upon foreign
insurance companies for failure to comply with statutory regulations of
its business. It was held that neither under international comity nor law
was one nation required to enforce extra-territorially the criminal law
of another nation, and that therefore the controversy presented was not
one of which as between the States of the Union the Supreme Court could
take cognizance. Again, in Louisiana vs. Texas, 176 U. S., 1, Louisiana
sought to restrain the Governor of Texas from so enforcing a quarantine
law as to injure the business of the people of Louisiana. The law itself
on its face was a proper one for the protection of Texas. In dismissing
the suit the Court said:
“But in order that a controversy between States, justiciable in this
Court, can be held to exist, something more must be put forward than
that the citizens of one State are injured by the maladministration of
the laws of another. The State cannot make war, nor enter into treaties,
though they may, with the consent of Congress, make compacts and
agreements. When there is no agreement, whose breach might create it, a
controversy between States does not arise unless the action complained of
is State action, and acts of State officers in abuse or excess of their
powers cannot be laid hold of as in themselves committing one State to a
distinct collision with a sister State.
“In our judgment, this bill does not set up facts which show that the
State of Texas has so authorized or confirmed the alleged action of
her health officer as to make it her own, or from which it necessarily
follows that the two States are in controversy within the meaning of the
Constitution.”
CONTROVERSIES BETWEEN INDEPENDENT NATIONS SUGGEST THEMSELVES
WHICH ARE NOT CAPABLE OF JUDICIAL SOLUTION AND YET ARE QUITE
CAPABLE OF LEADING TO WAR
Thus suppose _C_ nation in the exercise of its conceded powers admits to
its shore, and indeed to its citizenship, the citizens or subjects of _A_
nation and excludes those of _B_ nation from both. The discrimination is
certainly within the international right of _C_ nation, but it may lead
to acrimony and war. This is not a justiciable question, nor one that
could be settled by a court.
Public-domain text, read in full here on John Shaqi.
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