[Democracy In America<br>Volume 1 (of 2) by Alexis de Toqueville]@TWC D-Link book
Democracy In America
Volume 1 (of 2)

CHAPTER VIII: The Federal Constitution--Part III
19/24

But the inference to be drawn is, that in the laws relating to these matters the Union possesses all the rights of absolute sovereignty.

The difficulty is to know what these matters are; and when once it is resolved (and we have shown how it was resolved, in speaking of the means of determining the jurisdiction of the Federal courts) no further doubt can arise; for as soon as it is established that a suit is Federal--that is to say, that it belongs to the share of sovereignty reserved by the Constitution of the Union--the natural consequence is that it should come within the jurisdiction of a Federal court.
[Footnote h: This principle was in some measure restricted by the introduction of the several States as independent powers into the Senate, and by allowing them to vote separately in the House of Representatives when the President is elected by that body.

But these are exceptions, and the contrary principle is the rule.] Whenever the laws of the United States are attacked, or whenever they are resorted to in self-defence, the Federal courts must be appealed to.
Thus the jurisdiction of the tribunals of the Union extends and narrows its limits exactly in the same ratio as the sovereignty of the Union augments or decreases.

We have shown that the principal aim of the legislators of 1789 was to divide the sovereign authority into two parts.

In the one they placed the control of all the general interests of the Union, in the other the control of the special interests of its component States.


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