established the constitution, declared that it should "not be so construed, as to extend to any suit in law or equity, commenced or prosecuted against one of the United States, by citizens of another State, or by citizens or subjects of any foreign state."[1]
If additional reasons could be thought necessary to sustain a conclusion supported by arguments so convincing, they might be found in the fact, that as long as the government has existed,—and as numerous as have been the questions between the United States and many of the several States,—the former never have attempted, in any of them, to bring the latter into the courts of the United States. If to this it be added, that all attempts made in the convention, to extend the judicial power, "to all questions, which involved the national peace and harmony;"—or which might have the effect of subjecting the several States to its jurisdiction, failed,—the conclusion against all constructive efforts, having the same objects in view, and based on any one of the clauses of this section, is irresistible.
It is, in the last place, contended,—that the Supreme Court of the United States has the right to decide on the constitutionality of all laws; and, in virtue of this, to decide, in the last resort, all questions involving a conflict between the constitution of the United States and laws and treaties made in pursuance thereof, on the one side, and the constitutions and laws of the several States, on the other.
It is admitted, that the court has the right, in
- ↑ Amendments, Art. II.
