A Case [A. Chisholm V. the State of Georgia] Decided in the Supreme Court of the United States, in February, 1793, in Which Is Discussed 'Whether a State Be Liable to Be Sued by a Private Citizen of Another State?'

A Case [A. Chisholm V. the State of Georgia] Decided in the Supreme Court of the United States, in February, 1793, in Which Is Discussed 'Whether a State Be Liable to Be Sued by a Private Citizen of Another State?'

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1793 edition. Excerpt: ...it is evident, that I have not had occasion to notice many arguments offered by the Attorney General, which certainly were very proper as to his extended view of the cafe, but do not affect mine. No part of the Law of Nations can apply to this cafe, as I apprehend, but that part which is termed "The Conventional Law of Nations;" nor can this any otherwise apply than as furnishing rules of interpretation, since unquestionably the people of the United States had a right to form what kind of union, and upon what terms they pleased, without reference to any former examples. If upon a fair construction of the Constitution of the United States, the power contended for really exists, it undoubtedly may be exercised, though it be a power of the first impression. If it does not exist, upon that authority, ten ten thousand examples of similar powers would not warrant its assumption. So far as this great-. question affects the Constitution itself, if the present afforded, consistently with the particular grounds of my opinion, a proper occasion for a decision upon it, I would not shrink from its discussion. But it is of extreme moment that no judge should rashly commit himself upon important questions it is unnecessary for him to decide upon. My opinion being, that even if the Constitution would admit of the exercise of such a power, a new law is necessary for the purpose, 1ince no part of the existing law applies, this alone is sufficient to justify my determination in the present case. So much however has been said on the Constitution that it may not be improper to intimate that my present opinion is strongly against any construction of it which will admit, under any circumstances, of a compulsive suit against a State for the recovery of...show more

Product details

  • Paperback | 30 pages
  • 189 x 246 x 2mm | 73g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236784596
  • 9781236784599