It will be sufficient, in reply, to show, that this section contains no provisions whatever, which would authorize the judiciary to enforce the determination of the government, against that of the government of a State, in such cases.
It may be divided into two parts; that which gives jurisdiction to the judicial power, in reference to the subject matter, and that which gives it jurisdiction, in reference to the parties litigant. The first clause, which extends it, "to all cases in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made under their authority," embraces the former; and the residue of the section, the latter.
It is clear on its face, that the object of the clause was, to make the jurisdiction of the judicial power, commensurate with the authority of the constitution and the several departments of the government, as far as it related to cases arising under them,—and no further. Nor is it less manifest that the word "cases," being a well-defined technical term, is used in its proper legal sense;—and embraces only such questions as are of a judicial character;—that is, questions in which the parties litigant are amenable to the process of the courts. Now, as there is nothing in the constitution which vests authority in the government of the United States, or any of its departments, to enforce its decision against that of the separate government of a State; and nothing in this clause which makes the several States amenable to its process, it is
