SECTION 6. RELATIONS BETWEEN FEDERAL AND STATE COURTS. The Federal Courts can be given jurisdiction only over those classes of cases mentioned in the third article of the Constitution. All matters not therein included are reserved to the State courts. The matters thus reserved to the States cover most of the affairs of everyday life, of business or of domestic relations, except when such questions are involved in suits between citizens of different states. The provisions of the Constitution as to the jurisdiction of the Federal courts are not self-executing. Within the limits mentioned in the third article, Congress is left to determine what jurisdiction shall be given to the United States courts. The jurisdiction set out in the Constitution is the maximum, which may or may not be reached. Congress cannot increase it, but it is not compelled to grant it all to the Federal courts. In all cases where the United States does not assume jurisdiction by legislative action, the States may. In such cases, Congress may provide for appellate jurisdiction of the United States courts over the decisions of the State courts.11 Among the classes of cases to which the judicial power of the United States may extend under the Constitution are included controversies to which the United States shall be a party, controversies between two or more States, controversies between a State and citizens of another State, and between a State and a foreign State, or foreign citizens or subjects. In the case of Chisholm, Executor, vs. Georgia, 12 decided in 1793, the Supreme Court held that under 11 Martin vs. Hunter's Lessee, 1 Wheaton, 304. 12 2 Dallas, 419. the Constitution, a suit could be maintained in the United States courts against a State, by a citizen of another State. This decision at once aroused the fear and jealousy of the individual States and led to the adoption of the eleventh amendment, which provides that: "The Judicial power of the United States shall not be construed 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." This amendment has since furnished the opportunity to various States to repudiate their debts. Several attempts have been made to avoid the effect of this amendment by the holder of claims against a State, assigning his rights to his own State, which then brought suit in the name of the State.13 The Supreme Court refused to sustain this subterfuge, holding the plaintiff State not to be the real party in interest. Very recently a holder of some repudiated State bonds, despairing of ever recovering anything thereon, gave these bonds out-right to his State. In the suit brought thereon by the State a judgment was given against the defaulting State.14 It is, as yet, too soon to see what the full effect of this decision will be. The Federal courts will take jurisdiction over cases where States, although not the nominal, are the real parties in interest. The United States may sue a State in its own courts and such suit may be commenced in the Supreme Court.15 The Judicial machinery of a State cannot be used 13 New York vs. Louisiana, 108 U. S. 76. 14 South Dakota vs. North Carolina, 192 U. S., 286. Vol. II-2. 15 United States vs. Texas, 143 U. S., 621. 16 to interfere with the United State government in any way, or to hamper it in any of its operations. In Tarble's Case16 an attempt was made to determine by habeas corpus proceedings, under the laws of Wisconsin, the rightfulness of the detention of a person by an officer of the United States army under the claim that he was a duly enlisted soldier. The Supreme Court of Wisconsin granted an order for his release and from this order the United States prosecuted a writ of error to the Supreme Court of the United States. In this case it was held that a State court could not interfere by a writ of habeas corpus with any person held in custody under the authority of the United States. The United States courts have the right to try any person accused of a crime, which he attempts to justify on the ground that he was acting under the authority of the United States government. If a prosecution is commenced against him in the courts of any State, it may be removed into the United States courts. 17 SECTION 7. THE STATES IN FEDERAL ELECTIONS. The States, as such, play a prominent part in Federal elections. The presidential electors are apportioned among the several States, each State having a number equal to its combined representation in both branches of Congress. Each State has the authority to appoint its electors "in such a manner as the legislature thereof may direct," and the electors from each State meet and vote by themselves.18 The United States Senate is distinctively the representative body of the States, each State having two members who are chosen by the State legislature. 19 16 13 Wallace, 397. 17 Tennessee vs. Davis, 100 U. S., 257. 18 United States Constitution, Arti 19 cle II. Section 1, Clause 2. United States Constitution, Article I, Section 3, Clause 1. In the lower house the members are apportioned among the States according to their respective populations, and it is left to the states to arrange the congressional districts. The Constitution provides that members of this house must be elected by the people in each State, 20 but the qualifications necessary to vote for representatives are left to each state to determine, by the Constitutional provision that the electors for representatives shall have the same qualifications as electors of the most numerous branch of the State legislature. The elections of senators and representatives are generally controlled by the States, the constitutional provision being that: "The times, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof; but the Congress may, at any time, by law, make or alter such regulations except as to the places of choosing senators." 21 The power granted by this section has been very little used by Congress, except during the period following the Civil War. Congress, however, possesses this power of control over these elections in the fullest extent, and can either provide for complete Federal control of such election or pass laws and regulations binding on the election officers appointed by the States. 22 SECTION 8. POWERS PROHIBITED TO THE STATES. The United States Constitution restricts the powers of the individual States in two ways, first, indirectly by granting powers, formerly exercised exclusively by the States, to the Federal government; and second, 20 United States Constitution, Article I, Section 2, Clause 1. 21 United States Constitution, Arti- directly, by expressly prohibiting the exercise of certain powers by the States. The tenth section of the first article of the Constitution, enumerates the powers the exercise of which is expressly denied to the States. These are divided into two classes: First, those powers which are denied to the States absolutely, and, second, those which they are prohibited to use without the consent of Congress. The powers denied to a State absolutely are to "enter into any treaty, alliance or confederation; grant letters of marque and reprisal; coin money, emit bills of credit; make anything but gold and silver coin a legal tender in payment of debts, pass any bills of attainder, ex post facto law, or law impairing the obligations of contracts, or grant any title of nobility." The control of foreign affairs is of necessity one of the first powers granted to the central government of a confederation; it had belonged to the United States government under the Articles of Confederation, and the right to make treaties was the first power denied to the States. Under the Articles of Confederation, the different States had been allowed to issue letters of marque and reprisal in times of war23 against the enemies of the United States, or in times of peace, if their waters were infected with pirates. The Constitution prohibits this right to them under all circumstances. The power to coin money was another power previously exercised by the States, surrendered entirely to the Federal government under the Constitution. The clause prohibiting States from issuing bills of credit, has been construed by the Supreme Court in Articles of Confederation, Article VI. |