to follow, that the principles of decision, by which these remedies must be administered, must be derived from the same source. Hitherto, such has been the uniform interpretation and mode of administering justice in civil cases, in the courts of the United States in this class of cases.[1]
§ 1640. Another inquiry may be, what constitutes a case, within the meaning of this clause. It is clear, that the judicial department is authorized to exercise jurisdiction to the full extent of the constitution, laws, and treaties of the United States, whenever any question respecting them shall assume such a form, that the judicial power is capable of acting upon it. When it has assumed such a form, it then becomes a case; and then, and not till then, the judicial power attaches to it. A case, then, in the sense of this clause of the constitution, arises, when some subject, touching the constitution, laws, or treaties of the United States, is submitted to the courts by a party, who asserts his rights in the form prescribed by law.[2] In other words, a case is a suit in law or equity, instituted according to the regular course of judicial proceedings; and, when it involves any question arising under the constitution, laws, or treaties of the United States, it is within the judicial power confided to the Union.[3]
- ↑ See Cox & Dick v. United States, 6 Peters's Sup. R. 172, 203; Robinson v. Campbell, 3 Wheat. R. 212. See Madison's Report, 7 January, 1800, p. 28, 29; Chisholm's Executors v. Georgia, 2 Dall. R, 419, 433, 437; S. C. 2 Cond. R. 635, 640, 642, per Iredell J.; The Federalist, No. 80, No. 83.
- ↑ Osborn v. The Bank of the United States, 9 Wheat. R. 819. See Mr. Marshall's Speech on the case of Jonathan Robbins; Bee's Adm. R. 277.
- ↑ See 1 Tuck. Black. Comm. App. 418, 419, 420; Madison's Virginia
