be an odd way of settling the rights of nations, and determining the extent of their powers! Besides, who would be parties to the issue; at whose suit should the State be summoned to appear and answer? Not at that of the United States, because a State cannot be sued by the United States, in a federal court; not at that of any other State, nor of any individual citizen, because they are not concerned in the question. It is obvious that the case does not present proper subject matter for judicial investigation; and even if it did, that no parties could be found authorized to present the issue.
Again, congress has authority "to provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States; reserving to the States, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by congress." Suppose that congress should usurp the right to appoint the militia officers, or the State should insist on training the militia in their own way, and not "according to the discipline prescribed by congress." How could this matter be brought before the supreme court? and even if properly brought there, how could its sentence be executed?
[ *89 ]*Again. Suppose that congress should enact that all the slaves of the country should immediately be free. This is certainly not impossible, and I fear not even improbable, although it would be the grossest and most palpable violation of the constitutional rights of the slaveholder. This would certainly produce the most direct conflict between the State and Federal governments. It would involve a mere question of political power—the question whether the act of congress forbidding slavery, or the laws and constitution of the State allowing it, should prevail. And yet it is manifest that it presents no subject matter proper for judicial decision, and that the parties to it could not be convened before the supreme court.
These examples are sufficient to show that there is a large class of "constitutional controversies," which could not possibly be brought under the cognizance of any judicial tribunal, and still less under that of the federal courts. As to these cases, therefore, each State must of necessity, for the reasons
