New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-03-23
srPRrME cnrRr JURISDICTION


A question frequently raised in one form or
another 10y suggestions that the supreme Court
right this or that wrong IN our political system
is presented by the following letter:
To the Editor OF The Tribune.
Sir: In view OF the fact that many States have
violated their pledge 20 conform to the Constitu-
ton OF the United States has not the United
States Supreme Court jurisdiction in the mat
ter? Please answer and oblige.
J. A. STILLwELI. NJ. D.
Orange, y J.. March q, 1894
The Supreme Court IS judicial, and not
political tribunal Under the Constitution II
has original or appellate jurisdiction IN AL
cases in law and equity arising under this Con
"stituton. the laws Of the United States and
treaties made or which shall be made under
their authority; % all cases affecting ambas-
"sndors, other public ministers and consuls; TO
all cases Of admiralty and maritime jurisdic-
"tion: TO controversies 20 which the United
states shall be a party; 10 controversies be
tween two or more States; between State
"and citizens Of another State; between citi-
"zens OF different States: between citizens OF
'the same State claiming land under grants OF
different States. and between n state, or the
citizens thereof. and foreign states, citizens
cor subjects" This clearly gives the Supreme
Court jurisdiction OF any judicial question-that
Is any case" arising from n violation OF the
that question 20 be raised in any one Of many
ways. citizen pleading violation Of his
federal constitutional rights by his own State
nav raise f. The United States may raise u
when the enforcement Of its own laws Is pre-
vented Almost the only limitation IS that of
the Eleventh Amendment protecting "A State
from suit by a citizen OF another State. But
the question must be judicial rather than po-
uticaL and must be raised by some persons
whose legal rights are at stake The Supreme
Court IS not going about seeking feats Of knight
errantry It is not righting wrongs on general
principles and Il has no function to supervise
the acts OF coordinate branches Of the govern
ment except as those acts interfere with the
! legal rights OF persons who are entitled TO sue
before 81.
II a citizen Of Mississippi can show that n
State law violates his rights under the federal
Constitution. the Supreme Court has jurisdic-
/ ton 10 overrule that law. II has frequently
/ overruled State laws for this reason, and. not
withstanding the recent cases involving negro
suffrage Il viii do so still whenever what il re-
CARDS as a technically perfect case is made out.
Tho mere fact, however, that the Constitution
Of the United States is violated IS no concern
| OF the Supreme Court. When President Lin
| coin made an arbitrary arrest the Supreme
| Court overruled him at the prayer Of the in
| iured citizen. but il had nothing 10 say 10
| irregular exercise Of his powers. such dis
] bursting money in a crisis, for no citizen with
a claim had any standing I'm court 10 prevent
| this. The question involved was purely one
| Of governmental administration.
| A State may fail 10 live up 10 IFS obligations
! 1t may make treaty 81 alliance. coin money,
| emit bills OF credit or keep ships OF war with
out the consent Of Congress. Yet as none of
| these things touch individual rights, as would
a law impairlng the Obligation OF contract. for
| hidden in the same section Of the Constitution,
the Supreme Court would have no Jurisdiction
These are matters for Congress. and the SUI
preme Court has always refused TO concern
itself with political questions. The status OF
q State IN the Union and the recognition OF the
| regularity OF its government are political Ques-
tons. The Supreme Court has also held that
equity cannot undertake TO enforce political
rights" IL cannot deal with the people OF a
State in a body. Its power is purely judicial
It's decisions are concerned with particular and
not general issues. When a definite action OF a
State results IN definite invasion OF n definite
and established legal right OF a definite person,
the Supreme Court has ample Jurisdiction. But
Congress and the people must deal with gen
eral violations OF political duties by the autbori
ties or both the nation and the States The SUI
preme Court Ia court q judicature TO deal