The Supreme Court of the United States: Its Foundation, Methods, and Achievements: An Interpretation

By Charles Evans Hughes | Go to book overview

IV
THE STATES AND THE, NATION

"The Constitution, in all its provisions," said Chief Justice Chase in Texas v. White ( 1869) "looks to an indestructible Union, composed of indestructible States."1 The only restriction at present on the power of amending the Constitution is that on State without its consent shall be deprived of its equal suffrage in the Senate.2 The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.3

At the very beginning, when suit was brought in the Supreme Court against the State of Georgia4 by a citizen of another State, the State refused to appear. Georgia had already availed herself of the original jurisdiction of the Supreme Court to bring suit,5 but denied that she could be made a defendant against her will at the suit of an individual. Hamil

____________________
1
7 Wallace, 700, 725.
2
Art. V. This Article also provided that no amendment which might be made prior to 1808 should affect the first and fourth clauses in the ninth section of the first Article, that is, the clauses with respect to the migration or importation of such persons as any of the States then existing should think proper to admit and as to direct taxes.
3
Tenth Amendment.
4
Chisholm v. Georgia ( 1792), 2 Dallas, 419.
5
Georgia v. Brailsford, 2 Dallas, 402.

-118-

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The Supreme Court of the United States: Its Foundation, Methods, and Achievements: An Interpretation
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Foreword vii
  • I- Introduction -- Foundations 1
  • II- The Court at Work -- Organization -- Methods 42
  • III- Achievements -- Cementing the Union 78
  • IV- The States and The, Nation 118
  • V- Liberty, Property and Social Justice 157
  • TABLE OF CASES CITED 243
  • Index 257
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