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pose of the Constitution of the United States is declared by its founders to be, “ to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity.” To accomplish these purposes, the Congress is empowered by the eighth section of article one:
1. To lay and collect taxes, duties, imposts and excises ; to pay the debts and provide for the common defence and general welfare of the United States. But all duties, imposts and excises, shall be uniform throughout the United States.
2. To borrow money on the credit of the United States.
3. To regulate commerce with foreign nations and among the several States, and with the Indian tribes.
4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcy, throughout the United States.
5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures.
6. To provide for the punishment of counterfeiting the securities and current coin of the United States.
7. To establish post-offices and post-roads.
8. To promote the progress of science and the useful arts, by securing for limited terms to authors and inventors the exclusive right to their respective writings and discoveries.
9. To constitute tribunals inferior to the Supreme Court. To define and punish piracies and felonies committed upon the high seas, and offences against the law of nations.
10. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
11. To raise and support armies ; but no appropriation of money to that use shall be for a longer term than two years.
12. To provide and maintain a navy. 13. To make rules for the government and regulation of the
land and naval forces. [* 11] * 14. To provide for calling forth the militia to execute
the laws of the nation, suppress insurrections, and repel invasions.
15. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.
16. To exercise exclusive legislation in all cases whatsoever, orer such district not exceeding ten miles square as may, by session of particular States, and the acceptance of Congress, become the seat of government of the United States; and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings.
17. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by the Constitution in the government of the United States, or in any department or officer thereof.
Congress is also empowered by the thirteenth, fourteenth, and fifteenth amendments to the Constitution to enforce the same by appropriate legislation. The thirteenth amendment abolishes slavery and involuntary servitude, except as a punishment for crime, throughout the United States and all places subject to their jurisdiction. The fourteenth amendment has several objects. 1. It declares all persons born or naturalized in the United States, and subject to the jurisdiction thereof, to be citizens of the United States and of the State wherein they reside ; and it forbids any State to make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, or to deprive any person of life, liberty or property, without due process of law, or to deny to any person within its jurisdiction the equal protection of the laws. 2. It provides that when the right to vote at any election for the choice of electors for president or vice-president of the United States, representatives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of Congressional representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. 3. It disqualifies from holding Federal or State offices certain persons who shall have engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof. 4. It declares the inviolability of the public debt of the United States, and forbids the United States or any State assuming or paying any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave. The fifteenth amendment declares that the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State, on account of race, color, or previous condition of servitude.
The executive power is vested in a president, who is made commander-in-chief of the army and navy, and of the militia of the several States when called into the service of the United States ; and who has power, by and with the consent of the Senate, to make treaties, provided two-thirds of the Senate concur, and with the same advice and consent, to appoint ambassadors and other public ministers and consuls, judges of the Supreme Court, and other officers of the United States, whose appointments are not otherwise provided for.1
The judicial power of the United States extends to all cases in law and equity arising under the national Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls ; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party ; to controversies between two or more States ; between a State and citizens of another State ; between citizens of different States; between citizens of the same State claiming
lands under grants of different States; and between a [* 12] * State or citizens thereof and foreign States, citizens,
or subjects. But a State is not subject to be sued in the courts of the United States by the citizens of another State, or by citizens or subjects of any foreign State.3
The Constitution and the laws of the United States, made in pursuance thereof, and all treaties made under the authority of the United States, are declared to be the supreme law of the land; and the judges of every State are to be bound thereby, any thing in the constitution or laws of any State to the contrary notwithstanding. 4
1 U. S. Const. art. 2.
: U. S. Const. art 3, § 2. 3 U. S. Const. 11th Amendment.
• U. S. Const. art. 6; Owings v. Norwood's Lessee, 5 Cranch, 348; McCulloch v. Maryland, 4 Wheat. 316; Foster v. Neilson, 2 Pet. 253, 314; Cook v.
It is essential to the protection of the national jurisdiction, and to prevent collision between State and national authority, that the final decision upon all questions arising in regard thereto should rest with the Courts of the Union;' and as such questions must frequently arise first in the State Courts, provision is made by the Judiciary Act of 1789 for removing to the Supreme Court of the United States the final judgment or decree in any suit, rendered in the highest court of law or equity of a State in which a decision could be had, in which was drawn in question the validity of a treaty, or statute of, or authority exercised under, the United States, and the decision was against their validity; or where was drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision was in favor of such their validity; or where was drawn in question the construction of any clause of the Constitution, or of a treaty, or statute of, or commission held under the United States, and the decision was against the right, * title, (* 13] privilege, or exemption specially set up or claimed by either party under such clause of the said Constitution, treaty, statute, or commission.2
But to authorize the removal under that act, it must appear by the record, either expressly or by clear and necessary intendment, that some one of the enumerated questions did arise in the State Court, and was there passed upon. It is not sufficient that it might have arisen or been applicable. And if the decision of the
Moffat, 5 How. 295; Dodge v. Woolsey, 18 How. 331. When a treaty has been ratified by the proper formalities, it is, by the Constitution, the supreme law of the land, and the courts have no power to inquire into the authority of the persons by whom it was entered into on behalf of the foreign nation: Doe v. Braden, 16 How. 635, 657 ; or the powers or rights recognized by it in the nation with which it was made: Maiden v. Ingersoll, 6 Mich. 373. A State law in conflict with it must give way to its superior authority. Ware v. Hylton, 3 Dall. 99; Yeaker v. Yeaker, 4 Met. Ky. 33. See further, United States v. Aredondo, 6 Pet. 691 ; United States v. Percheman, 7 Pet. 51; Garcia v. Lee, 12 Pet. 511.
· Martin v. Hunter's Lessee, 1 Wheat. 304, 334; Cohens v. Virginia, 6 Wheat. 264; Bank of United States v. Norton, 3 Marsh. 423; Braynard v. Marshall, 8 Pick. 196, per Parker, Ch. J.; Spangler's Case, 11 Mich. 298.
? 1 Statutes at Large, 83; Brightly's Digest, 259.
* Owings v. Norwood's Lessee, 5 Cranch, 344; Martin v. Hunter's Lessee, 1 Wheat. 304; Inglee v. Coolidge, 2 Wheat. 363; Miller v. Nicholls, 4 Wheat. 311; Williams v. Norris, 12 Wheat. 117; Hickie v. Starke, 1 Pet. 98; Harris v.
State court is in favor of the right, title, privilege, or exemption so claimed, the Judiciary Act does not authorize such removal.1 Neither does it where the validity of the State law is drawn in question, and the decision of the State court is against its validity.?
But the same reasons which require that the final decision upon all questions of national jurisdiction should be left to the national courts will also hold the national courts bound to respect the decisions of the State Courts upon all questions arising under the State constitutions and laws, where no question of national authority is involved, and to accept those decisions as correct, and to follow them whenever the same questions arise in the national courts. With the power to revise the decisions of the
Dennie, 3 Pet. 292; Fisher's Lessee v. Cockerell, 5 Pet. 256 ; New Orleans v. De Armas, 9 Pet. 223, 234; Keene v. Clarke, 10 Pet. 291 ; Crowell v. Randell, 10 Pet. 368; McKinny v. Carroll, 12 Pet. 66; Holmes v. Jennison, 14 Pet. 510; Scott v. Jones, 5 How. 348 ; Smith v. Hunter, 7 How. 738; Williams v. Oliver, 12 How. 111; Calcote v. Stanton, 18 How. 243; Maxwell v. Newbold, 18 How. 511; Hoyt v. Shelden, 1 Black, 518; Farney v. Towle, 1 Black, 350 ; Day v. Gallup, 2 Wal. 97. It is not sufficient that the presiding judge of the State court certifies that a right claimed under the national authority was brought in question. Railroad Co. v. Rock, 4 Wal. 177.
Gordon v. Caldcleugh, 3 Cranch, 268; McDonough v. Millaudon, 3 How. 693; Fulton v. McAffee, 16 Pet. 149; Linton v. Stanton, 12 How. 423; Burke v. Gaines, 19 How. 388; Reddall v. Bryan, 24 How. 420; Roosevelt v. Meyer, 1 Wal. 512; Ryan v. Thomas, 4 Wal. 603.
Commonwealth Bank v. Griffith, 14 Pet. 56; Walker v. Taylor, 5 How. 64. We take no notice here of the statutes for the removal of causes from the State to the Federal courts for the purposes of original trial.
3 That this is the rule of the Federal courts, the following cases will show. McKeen v. De Lancy's Lessee, 5 Cranch, 22; Polk's Lessee v. Wendal, 9 Cranch, 87; Mutual Assurance Society v. Watts, 1 Wheat. 279; Shipp v. Miller, 2 Wheat. 316; Jackson v. Chew, 12 Wheat. 153; Fullerton v. Bank of United States, 1 Pet. 604; Green v. Neal's Lessee, 6 Pet. 291 ; Rowan v. Runels, 5 How. 139; Massingill v. Downs, 7 How. 767 ; Nesmith v. Sheldon, 7 How. 812; Van Rensselaer v. Kearney, 11 How. 297 ; Webster v. Cooper, 14 How. 488; Luther v. Borden, 7 How. 1; Beauregard v. New Orleans, 18 How. 497 ; Parker v. Kane, 22 How. 1; League v. Egery, 24 How. 264; Amey v. Allegheny City, 24 How. 364; Lesfingwell v. Warren, 2 Black, 599; Sumner v. Hicks, 2 Black, 532; Greene v. James, 2 Curt. 189; Du Bois v. McLean, 4 McLean, 488; Woolsey v. Dodge, 6 McLean, 150; Thompson v. Phillips, Baldw. 246; Jefferson Branch Bank v. Skelley, 1 Black, 436; Lane Co. v. Oregon, 7 Wal. 71; Gut v. State, 9 Wal. 35. The Judiciary Act of 1789 recognizes this principle, in providing that “ the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States,