590
CONSTITUTION OF THE U. STATES.
[BOOK III.
in a court of justice. If the question cannot be brought into a court, then there is no case in law or equity, and no jurisdiction is given by the words of the article. But if, in any controversy depending in a court, the cause should depend on the validity of such a law, that would be a case arising under the constitution, to which the judicial power of the United States would extend. The same observation applies to the other instances, with which the counsel, who opened the cause, has illustrated this argument. Although they show, that there may be violations of the constitution, of which the courts can take no cognizance, they do not show, that an interpretation more restrictive, than the words themselves import, ought to be given to this article. They do not show, that there can be "a case in law or equity," arising under the constitution, to which the judicial power does not extend. We think, then, that, as the constitution originally stood, the appellate jurisdiction of this court, in all cases arising under the constitution, laws, or treaties of the United States, was not arrested by the circumstance, that a state was a party.[1]
- ↑ Much reliance has occasionally been laid upon particular expressions of the Supreme Court, used incidentally in argument, to support the reasoning, which is here so ably answered. The reasoning in Marbury v. Madison, (1 Cranch, R. 174, 175, 176,) has been cited, as especially in point. But the Supreme Court, in Cohens v. Virginia, (6 Wheat. R. 399 to 402) explained it in a satisfactory manner. So, in other cases, it is said by the Supreme Court, that "appellate jurisdiction is given to the Supreme Court in all cases, where it has not original jurisdiction;" and that "it may be exercised (by the Supreme Court) in all other cases, than those, of which it has original cognizance."[a 1] And again, "in those cases, in which the original jurisdiction is given to the Supreme Court, the judicial power of the United States cannot be exercised in
- ↑ Martin v. Hunter, 1 Wheaton's R. 337, 338.
