[8] This provision has been modified by the eleventh amendment, which reads as follows:  “The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.”  That is, if the state is the plaintiff, the suit may be tried by the United States Supreme Court (compare clause 2).  Claims of individuals against a state, if denied by the auditor, may be referred by them to the legislature.  A state cannot be sued by an individual or corporation.

When a citizen is sued he must be sued either in the courts of the United States or in those of his own state.  It would be a source of irritation to compel a state to sue a citizen of another state in the courts of his own state, hence this provision that such suits shall be in the United States court.

[9] To remove temptation to injustice through local prejudice.  But the suit is tried in, and in accordance with the laws of, the state of which the defendant is a citizen.

[10] Because the states are involved in the suit, and it would be unfair to let either decide the controversy.

This provision is not of much importance now, because state boundaries are clearly defined.  But when the constitution was framed, this kind of question meant a good deal.  The charters given during colonial times were very loosely drawn, and claims of different colonies and proprietors overlapped each other.  The question of ownership had not been settled at the time of the revolution.  During the formative or confederation period, these disputes had been a source of much ill-feeling.

[11] Because the general government, and not the individual states, has charge of our foreign relations.  A foreign country holds the United States responsible for the acts of its citizens; and only the United States can be looked to, to secure justice to its citizens on the part of foreign countries or citizens.

Clause 2.—­Jurisdiction of the Supreme Court.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the Supreme Court shall have original jurisdiction.[1] In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction,[2] both as to law and fact, with such exceptions and under such regulations as the congress shall make.[3]

[1] That is, such a suit must commence in the Supreme Court, and so cannot be tried elsewhere.

[2] That is, the action must commence in some lower court, but it may be appealed to the Supreme Court.

The U.S.  District Court has jurisdiction over crimes committed on the high seas, and over admiralty cases in general; over crimes cognizable by the authority of the United States (not capital) committed within the district, and over cases in bankruptcy.