Spencer Roane

“ A general grant of power to the former chancellor of Virginia, over all causes in equity arising within the commonwealth, would not have enabled him, to decide his own cause. It is contrary to natural justice that any man, or any sovereign, should decide his own controversy. In such case, the general words of the grant, would be limited by the principle aforesaid. It would be as to it, lex sub graviorilege. The same principle would limit the grant of jurisdiction, in cases, “to which the United States shall be a party”. ”

“ All the departments of the general government, are checked and controlled by each other. Even the supreme court itself, powerful as it is, is not exempted from this control. Although, for example, it may render a judgment against the United States, it cannot take the money from the public treasury by execution. It is prevented by that clause of the constitution which declares, that no moneys shall be drawn from the public treasury, but in consequence of appropriations made by law. In this instance, the Congress of the United States have an evident check upon the judiciary. ”

“ Again it is said, that the state governments are constituent and essential parts of the federal (8) ; and that the equal votes of the states, in the senate, is at once a constitutional recognition of the portion of sovereignty remaining in the states, and an instrument for preserving it to them (9) . ”

“ In proof that our government remains a federal one, with some features of nationality in it, will be seen in The Federalist (6) , that it is not essential to a confederacy, that its authority should be restricted to its members in their collective capacities, without reaching the individuals of whom they are composed. ”

“ It is, in every view, a much more important power than that of deciding cases between the United States and individuals, or cases between two states. It ought, therefore, to have preceded the grant of the latter powers, had it been intended to have been conferred. All the lawyers well know that a specification beginning with a thing or person of inferior grade, excludes those which are superior. ”